If there is no original Will available, is a copy ofthe Will admissible in court?

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If there is no original Will available, is a copy ofthe Will admissible in court?

If a co-beneficiary of property (I own the other half) signs a quitclaim deed to remove their name from the property, does that mean that I gain full title to the property or does it mean the beneficiary renounced their half and therefore that half goes to the next in line named in the Will? Also, must a quitclaim deed be signed in front of an attorney?

Asked on October 15, 2010 under Estate Planning, Alaska

Answers:

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

Answered 11 years ago | Contributor

You have many questions here and it is best of you seek counsel in your area for help.  Generally, states have procedures for authenticating a copy of  Will i the original can not be found.  Now, if you prove the Will and it is accepted for probate, what does the co-beneficiary WANT to do: renounce his inherited share?  If he renounces then the property goes back in to the estate (assuming that there is not rights of survivorship between you which I doubt) or it goes as the Will states (is there an alternate beneficiary to the property).  If there is no alternate beneficiary it could be caught under the residuary clause (all the rest, residue and remainder paragraph).  It is a good idea to have an attorney present when the property is quit claimed, yes. Good luck.


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