What can be done if a Will is not found but there is a witness that there was one executed and there is a previous Will that has “VOID” written on it?

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What can be done if a Will is not found but there is a witness that there was one executed and there is a previous Will that has “VOID” written on it?

he attorney who did it has passed and the person executing the Will has full dementia.

Asked on April 19, 2013 under Estate Planning, Texas

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Keep looking for the will. Also consult a probate lawyer to commence the filing a petition to administer the estate, and if the will is found, it can be admitted into the probate proceeding; otherwise if will not found, then any distribution will go according to the statutory scheme. The Void will cannot be admitted to probate.


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