What to do if my mother made a Will 15 years ago and she recently died but we have been unable to locate the original copy of the Will?
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What to do if my mother made a Will 15 years ago and she recently died but we have been unable to locate the original copy of the Will?
My brother is sole beneficiary. I made 2 copies at the time and wonder if they would be of any help? He lived with her always and was her main caretaker for nearly 30 years; his name is on the property deed (along with hers) and they shared a joint checking account. I want to help him if I can but don’t want to spend big bucks finding an answer.
Asked on November 21, 2013 under Estate Planning, Illinois
Answers:
Brook Miscoski / Hurr Law Office PC
Answered 11 years ago | Contributor
In Texas (or Illinois, where I am also licensed), you can probate a copy of a lost will.
You will have to satisfy the court that the copy is of the will that is in effect. For instance, the testator could write a new will, or the testator could intentionally destroy the original of a will, and those would be other reasons why only copies survive.
As another angle--your brother would already get the money from the joint account, and depending on how the deed is set up, your brother might be a "joint tenant," or, have a "right of survivorship." In that case, he could get everything despite the will.
That said, this doesn't consider the ramifications of any debts your mother may have had. It could be important for you to probate her will to protect yourself.
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