A Legal MinuteMissing & changed wills
What Happens if a New Will Can’t Be Found
The short answer
Per the speaker, when a newer will can't be found, the court acts as if it doesn't exist and uses the original will it has; one found later can be filed. In one matter, a family member was told of a newer will and her office searched the usual places; the outcome isn't stated.
From the full episode What Happens When A Will Is Missing (18:15).
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Transcript
They are going to act like that new will does not exist. So, it is kind of the same thing. They'll say, "We have a will. It is notarized. It's witnessed. It's original. That's the one we're going off of. If you find the new one, file it."
So, unfortunately, I've had that happen a lot. I just had that on a matter. The decedent had done a will giving everything to a charity at the time because he was kind of estranged from his family and whatever. He made amends. And so, then he told a family member, "Hey, we've made amends. I did a new will. I took it away from charity and I'm giving it to you."
Great. They contact us. We're looking at stuff. And like I mentioned, we looked all the prudent places, house, safe, safe deposit box, everywhere, right?
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