Legal Question in Wills and Trusts in Texas
Attorney loses originals and now estate could be challenged
Father passed inJuly of 2005. In the will he purchased, this attorney sold apackage of services. He went and had documents drawn up and signed. Agter he oassed I took will to her to find out how to procede in expediting.Estate is small. 6acres land and several older cars. It was left to myself, I was also names executrix. Baby sister who received nothing from will is contesting my attorney's lost original will document. I have made all land payments andpaid all taxes. Have all receipts for improvements. Lots of folks are familiar w/ Dad's wishes it was to be mine. Sister's relationship non-existant til death. Now she wishes half of all. Help. Attorney sent us 2 copies of will, pow of attny,med direct, med pow of attorney. No original ever recieved. She said they would be in her safety deposit box.Three months after father passed she said ''I'' had originals. My Father would never have left this in this manner if he had known the originals were not there. help
1 Answer from Attorneys
Re: Attorney loses originals and now estate could be challenged
Would the attorney be willing to testify that they saw the original after your father died, and that the copy you have is identical to the missing will?
If so, that should get the copy entered into probate. Otherwise you have a serious problem in proving up the will copy, and the estate would pass as if there was no will.
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