Legal Question in Wills and Trusts in California
we cannot find the original will is my copy valid in ca
Asked on 5/27/11, 12:38 pm
1 Answer from Attorneys
Aaron Feldman
Feldman Law Group
When the original will is lost, there is a rebuttable presumption that will was destroyed with the intent to revoke the will. To Probate the copy you would need to demonstrate to the satisfaction of the Court that the original was not destroyer with an intent to revoke. For example, the original was not in the person's possession or that individuals had conversations that support the intent to have the estate pass under the terms of the will. If that is not satisfactory to the Court then the property in the estate will pass by intestate succession rules. Please feel free to contact my office for a free consultation regarding more specific details of your situation.
Answered on 5/31/11, 10:19 am