Wills 13 : In the Closet

Q: My mother died, and my father re-married. At the time of his own death, we believed that he had died intestate, but two months later, his second wife found a 50-year-old four-page document in my father’s closet.  I would like to have that document probated as his will.

It is signed by three witnesses. One was my father’s attorney: he had billed my father for professional services rendered in preparation of a will. The two other witnesses worked in my father’s medical office.

The only surviving attesting witness has been deposed.  She recognizes her signature at the end of the will and remembers living at the address listed next to her signature.  However, she has no memory of the will signing.  Handwriting experts have authenticated my father’s signature and that of his attorney.

A: Given the second wife’s discovery of the will, the invoice from the attorney-drafter, the signature of the supervising attorney, the admissions of the attesting witness, and the authentication of the signatures by a handwriting expert, you have a good chance at getting this will admitted to probate.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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