Legal Question in Wills and Trusts in North Dakota

A lost or stolen will?

My mother recently passed away, and she had a will in her house which was taken and disposed of by her husband just prior to her death. In her will this man she was married to was to get nothing of her estate. He got rid of her will to put im a position of controlling her estate. This man is not my father he was a man in which she was marrried to for 12 years, 10 of which he did not work, and mom supported him without any contribution from him for thier living. My brother were to be the sole beneficiaries to her estate as she made clear in her will and verbilly to me and most all of her fiends. This man stole her will and disposed of it. We have been unable to find the copy where it was done, but it was witnessed by my brother and friend of my mothers who read it.

So getting to my question, will the testimony of people she told her wishes to stand up in court?

Can any criminal action be brought against this man for stealing and desposing of the will, because in he was to get nothing, and by getting rid of the will put him in a postition to gain substanially?


Asked on 10/18/98, 7:30 pm

1 Answer from Attorneys
Stuart Williams

Re: A lost or stolen will?

He broke a law. You can bring charges yourself.

Be sure to object when he applies to become her executor;

the judge will turn to him right then and there and

threaten him with severe punishment if he doesn't come

clean about the will. Find out who her lawyer was, of course,

and ask her or him to help you out. That person will at least

have a copy and might know whether she had a change of heart

and decided to retract the will (by gettting rid of it, e.g.,

upon the lawyer's instructions).

You probably need a lawyer to help you, and soon. Don't be shy;

call one up. I'd take the case, I think, if I could (but I cannot

since I only practice in Mass. and frankly that's all the law I

know, too.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.


Read more
Answered on 12/30/98, 2:49 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in North Dakota