Lost Will

[Larry Elgreeno]

What is the name of your state (only U.S. law)? Arkansas My deceased stepmother left her estate to one of her two sons and me, her stepson. She had a will that several people had read while she was living. Now, the son (who lived with her) states that neither he nor the executor (a good frient of his) can find the will and that her estate will have to be probated which would leave me out and the estate shared by the two sons, one of which was acknowledged in the will as not to receive anything! What can I do?

 

[tranquility]

Not much. You can see an attorney if you want, but if no one has a copy of the will, it will be intestate succession distribution.

 

[anteater]

If possible:

1) ask anybody you can think if they have a copy
2) if you know who stepmother may have used as an attorney, contact him/her
3) if you know who may have witnessed the execution of the will, contact them
4) request consults with a couple probate attorneys, and, if one of them is interested, be prepared with a large retainer.

28-40-302. Proving will.

No will of any testator shall be allowed to be proved as a lost or destroyed will unless:
(1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and

(2) The will is:
(A) Proved to have been in existence at the time of the death of the testator; or
(B) Shown to have been fraudulently destroyed in the lifetime of the
testator.