What do we do if we only have a copy of a will and not the original and we don't want to hire a lawyer to fight for the copy?
Philadelphia, PA
Viewed 24 times.
Posted about 1 month ago in Wills / Living Wills
Flag as objectionable
My husband's grandmother died 3 years ago. There is only a copy of the will from 2000 stating that she left her house and furniture to my husband. She has 3 birth sons. The executor of the estate is my husband's father. If we get the other two brothers to sign a renunciation form, will that be enough?
Answers (2)Steve Fromm
This attorney is licensed in Pennsylvania.
Posted about 1 month ago.
Flag as objectionable
Without an originally signed and valid will, no one has the power to act for your grandmother's estate pursuant to the will. You need to locate the original will.
If you can not find the original, this presents additional problems and you may need to go through various procedures to begin the estate. I am not sure about your reference to renunciation or "will that be enough." Enough for what? Obviously, although you do not want to spend the money, you need to hire estate counsel when there are so many questions. It is now 3 years since the grandmother died and you have not probated a will or started an estate administration. With all due respect, this situation will not get better by trying to figure this out by yourself. Hope this helps. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. Stephen J. O'Brien
This attorney is licensed in Pennsylvania.
Posted about 1 month ago.
Flag as objectionable
If the original Will can not be located then it will be deemed destroyed. The result is that the estate will go through probate and pass according to the Pennsylvania laws of intestate succession. If the two brothers renounce their shares of the estate then it could all go to your husband's father, But what if the two brothers change their mind before they renounce their right to share in the estate. Talk to a lawyer.
|