Legal Question in Wills and Trusts in Texas
what can be done if copies of a will were lost during a hurricane and someone passes away?
Asked on 12/14/10, 1:05 pm
2 Answers from Attorneys
If you have a copy of the will, you may be able to present that to a court for probate. It's up to the discretion of the judge, however.
Answered on 12/19/10, 4:09 pm
Sorry, I hit send too quickly. Anyway, you'll need to provide the judge with sufficient proof that the will was lost and not revoked. (In Texas, a lost will is presumed revoked.) Also, the heirs at law (those who would receive in the absence of a will) have an opportunity to object. As such, they should enter into an agreement in advance of filing the copy for probate.
Dave
leonlaw.com
Answered on 12/19/10, 4:28 pm