Monday, March 24, 2014

Last Will Testament executed by decedent in 1993, decedent's death 6/15/14 but can only find a copy not the original which was purported t...

Question

Last Will & Testament executed by decedent in 1993, decedent's death 6/15/14 but can only find a copy not the original which was purported to decedent's daughter the night before her death to be the original will. Spouse was not mentioned in Will, only two daughters of decedent. Spouse is disabled and in a coma like state in Texas. Can the copy be probated if affidavits are given by the daughter & Aunt (witness on the will) that attest to what the decedent purported and an affidavit by the Notary to authenticate the will. The other witness on the will is also willing to attest to the authenticity of the will. Thanks



Answer

A copy of a will can be probated, if sufficient evidence is submitted to the court proving that the decedent executed a will and the will was never amended or revoked.



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