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Estate Attorney said Dad wanted to make some minor changes to his will so attorney sent a new will. He said Dad & step-mom sat

Severn, MD |

on new will because he never heard back about it . Then Dad died from dementia after 2 yrs . Tax attorney says the first will was destroyed ( per step mom ) & that Dad doesn't have a will . Step mom told me Dad didn't have a will , evidently not going into detail . I don't think someone so articulate would destroy old will without having new will . Also , Dad had Living Will , Durable Power of Attorney , Power of Attorney , & burial arrangement papers drawn up . So for sure , Dad had a will at one time . Who destroyed will Dad or step - mom ? Attorney said Dad had some IRA intentions for his 3 grown kids & was sure step - mom was the type of person to honor those intentions by setting up trusts . However , I am doubtful because for 30 years I have watched her show partiality to her grown children .

Attorney Answers 3


You need to hire an attorney to assist you.
Proving step mom destroyed will is a difficult process.
Proving the will is loss and should be restored is also difficult.
This forum cannot replace an attorney relationship to guide you through this difficult time.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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I whole-heartedly agree with the first answer. Even just from the facts you've described this is a complicated case, which almost certainly means that it's even more complicated than that. You will definitely need an experienced probate attorney - and one who has experience with will contests and litigation against other claimants to an estate - in order to get things resolved. This is definitely not a matter for you to try and handle on your own.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at

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An attorney is absolutely essential in this type of case. I agree with the others

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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