wills and probate?

Question

my dad had passed away a few months ago and he had 2 wills one back in the 80's and one in the 90's my mon had destroyed the one that is the lastest because i was left a house which he had 3 she gave the house to her daughter from her first marriage she didnt belong to him i was his daughter and hers how can i probate that will or is there anything i can do about it

Answer 1

Hire an attorney, now, please. I hate to say it, but your mother had no business giving away anything to HER daughter, or anything else for that matter, before the will is probated, and a succession is started in the courts. If your dad had an attorney write the will, it is most likely filed at your local county courthouse. Get busy and protect your rights! Good luck. Sorry for the loss of your dad.

Answer 2

If you can prove that the last will was wrongfully destroyed, you can have an attorney probate a copy of it.

Under Pennsylvania law, if a will cannot be produced because it is lost, or accidentally mutilated or destroyed, or destroyed maliciously by one other than the testator, it can nevertheless be entitled to probate if the following can be proven: (1) the will was duly executed by one having testamentary capacity, (2) a diligent search has been made since the testator's death and the will has not been found, and (3) the contents of the will are as stated. These matters must be proved by two witnesses, "each of whom must separately depose to all the facts necessary to complete the chain of evidence, so that no link in it may depend on the credibility of but one." Hodgson Estate, 270 Pa. 210, Fiduciary Review, January 1956, p. 3.

In addition to the proof of execution and contents, it is incumbent on the proponent to overcome the presumption that the will which cannot be found was revoked by the decedent, and it must therefore be shown that someone other than the testator destroyed it, or that the decedent did not have access to it, or that the decedent made statements up until the time of his death indicating continued existence of the will. Dalbey Estate, 326 Pa. 286.

Answer 3

Talk to a probate attorney. If a second will was drawn up, was it done by an attorney? If so, the attorney should still have a copy.

Answer 4

sorry to hear about your dad. do you know if he used a lawyer to prepare the 90s will? if so, that lawyer should have the original copy of the more recent will, and you could use that. but sounds as if you're going up against your mother and this could get difficult--perhaps you will need a lawyer.

Answer 5

http://www.nolo.com
http://www.lawyers.com