If my Mom’s lawyer lost her original Will and I have copy, what do I do now?

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If my Mom’s lawyer lost her original Will and I have copy, what do I do now?

Asked on October 24, 2010 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  What has happened to you is really not that uncommon.  That is why every state has statutes that deal with proving a copy of a Will as an original and requesting that a court accept a copy for Probate.  It is known as proving the authenticity of a Will.  Please note that Florida law does require that the holder of the Will deposit it in to Court within 10 days of the date of death of the maker to avoid such a happening.  But one can not be deterred or made to worry here.  you have to deal with things as they are.

You are going to need the help of an attonrey to authenticate the Will. I know that you may not want to deal with the attorney that lost the Will but he can be your greatest help here.  Otherwise, any good estate attorney can help you.  Good luck.


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