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Here is an example of the problems that may arise with a lost will:
In June 2012, Theodore's will left his multi-dollar estate to his life partner, Velma, if she survived him, or the St. Jude research hospital if she predeceased him, which happened. The estate planning attorney kept the original of that will. In October 2012, Theodore's will was executed changing only the nominee for the executor of the estate. Theodore kept this original, as well as a copy of it.
Both wills explicitly disinherited Chip, Theodore's long-estranged son. He specifically asked his estate planner to not get in touch with Chip.
As Theodore's health declined, he was eventually moved into a nursing home and a guardian was unable to locate the original October 2012 will. She speculated that Theodore had destroyed it, and recommended to the probate court that the estate pass to Chip. When the estate planning attorney learned of this development, she contacted the probate court and St. Jude's to inform them of the existence of the earlier wills. The probate and appellate courts held that the statutory requirements for providing a lost will had not been met.
The Supreme Court of Nevada reversed. Although the original October 2012 will could not be found, it continued to have legal existence until there was proof of its destruction by the testator, which was not here provided. The statute requires that two witnesses have knowledge of the terms of the will, and in this case, one witness only could confirm the testator's signature, not the terms. But the terms of the will are uncontested, and failing to probate the lost will in this situation "would create an absurd result of putting an unnecessary and onerous burden on the second witness."
In this case, Theodore's wishes ultimately were respected, and it's not entirely clear what he should have done differently. But those wishes were respected only after much delay and incurring attorneys' fees.
If you have been ignoring your will, now would be a good time to start paying attention to it. Give us a call by dialing 920-563-6616 ext. 3070, or email wealth@bankwithpremier.com to let us know how we can assist you with your estate planning needs.
© 2022 M.A. Co. All rights reserved.
Any developments occurring after March 1, 2022, are not reflected in this article.
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