Legal Question in Wills and Trusts in Pennsylvania

My friend died last week and left a will.with her son as executor.He claims he lost his copy so he claimed she doesn't one! I have a copy but he says it is null and void!What do I do next? I'm named in the will to be executor of the will if he is unable to fulfill his obligations.


Asked on 4/04/13, 8:34 am

3 Answers from Attorneys

Glenn Brown Real World Law, P.C.

Hire an attorney and present your copy for probate. Good luck.

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Answered on 4/04/13, 8:47 am

I agree. Executors can be legally compelled to produce a will and if they fail to do so copies can be probated if the requirements are met. Is your copy executed or not?

You will have to get a probate litigation lawyer in the county/state where the estate would be probated. Have the attorney review the copy of the will that you have and ascertain a legal opinion as to whether it is valid or not.

You don't indicate what probate assets there are or whether you would be entitled to inherit or not. Being a beneficiary of the will and personal representative are two different matters. Its the personal representative's job to administer the estate - to find out what the deceased owned, what the deceased owes, to pay the just debts of the estate and to distribute what is left to the beneficiaries Litigation is costly and if you are not a named beneficiary under the will you may not want to incur the cost and trouble to probate the estate, particularly if the estate is small. But you will not know until you discuss this with a probate litigation attorney.

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Answered on 4/04/13, 12:23 pm
Domenic Bellisario Law Office of Domenic A. Bellisario

I agree with the above two answers. If the son says he lost the original, then it should be easy enough to have the copy accepted for probate, provided you have a signed copy. Generally, the lack of the original creates an presumption that the original was intended to be voided, but if the son lost the original then that presumption should be overcome. The more practical question is whether it is worth pursuing. If you are not a beneficiary under the Will, it may not be worth it. Bottom line, consult a lawyer.

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Answered on 4/04/13, 1:17 pm


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