Can’t Find Original Will? That Might Not Be a Problem
Sometimes our clients misplace their original wills. They often worry whether that will cause a problem. Our usual answer: probably not — but it’s easy to fix. Let’s just redo your will, even if we don’t make any changes. Sometimes, though, the problem comes up after a death. Everyone “knows” where the original will is. […]
Missing Will Discovered Three Years Later, Denied Probate
After someone’s death, what happens when no one can find a will? Their estate usually passes according to the law of “intestate succession.” That means the state’s legislature has effectively written a will for the decedent. What, if anything, can be done about a missing will? Of course, a missing will might indicate that the […]
Can a Copy of a Missing Will be Admitted to Probate?
AUGUST 15, 2016 VOLUME 23 NUMBER 30 You’ve signed your will. We’ve given you the original in a fancy envelope, and a copy showing your signatures. What should you do with it? For most people, most of the time, it is sufficient to just keep the original will in a convenient place at home. What […]
Lessons From a Day in Probate Court
JULY 7, 2014 VOLUME 21 NUMBER 24 One day last week I found myself sitting in probate court, watching other cases get resolved while waiting for the Judge to get to my own cases. The matters I was listening to seemed to me to be instructive, and give me a chance to share some observations […]
Decedent’s Family Permitted to Challenge Validity of Marriage
OCTOBER 7, 2013 VOLUME 20 NUMBER 38 Though we do not handle divorce cases at Fleming & Curti, PLC, we do find ourselves dealing with divorce, annulment, child support and spousal maintenance issues from time to time. One common question we see involves late-life marriages between a (sometimes) confused senior and a (sometimes, but not […]
Missing Will Presumed Revoked, But Codicil Partially Reinstates It
MAY 14, 2012 VOLUME 19 NUMBER 19 In Arizona (as in most other states) there is an important rule about wills: if the original document was in the possession of it’s signer, and it can not be found after the signer’s death, then there is a presumption that it was destroyed. Not only that, but […]
