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there is a will - but wife wants to file "Lost Will"

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kmchaos

Junior Member
What is the name of your state (only U.S. law)? NC

Dad was married 4 times. The last executed will, in the safe deposit box names wife #3. The divorce and property settlement quit claims any of wife #3's interest in the estate. A new will was written, on Dad's computer, leaving the normal expected things to wife #4, but apparently never properly executed - we have just one executed will. Wife #4 wants to file under 'lost will' provisions - which would of course be much more beneficial for her. Um, isn't that illegal? There IS a will. I was there when we opened the box, I read the will, I can recite most of it - it went back into the box at the bank, and she is the only one with the key. If it 'disappears' - what do I do? Since she remains the only person with access, then would it be reasonable to conclude that she should be barred as Executor for her actions? This is keeping me up at night. Dad's been gone just 3.5 weeks and this is setting up to be a colossal mess.
 


Kiawah

Senior Member
Get probate started, that will flush out the wills, and determine what is in effect. Start at the specific county office where he lived.
 
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kmchaos

Junior Member
Wife Hired a lawyer

And instructed him to begin probate proceedings based on the "Lost Will" principle. Do I have to contact that lawyer? He is her lawyer, handling Dad's estate. Do I just call him and say hey, yeah, there IS a will and that she is misrepresenting the situation? Or do I have to engage a separate attny? Does the attorney HAVE TO file the will if there is a will, or follow his client's wishes and continue to pretend there isn't one?
 

justalayman

Senior Member
you need to determine if the lawyer works for her or for the estate. They are two very distinct entities. The lawyer is not going to represent both.

If the lawyer works for the estate, he needs to know there is a will.
 

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