What do you do if a will has been destroyed?
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What do you do if a will has been destroyed?
My dad passed away..my stepmom destroyed the will..Im trying to locate the lawfirm where my dad had the will made. I ve had no luck what do I do? I live in New jersey I saw the will when my dad was alive..the will was made about 30 years ago..His name was Donald Venice…my email is vettstarmsn.com
Asked on April 28, 2018 under Estate Planning, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can seei f his Will was dpeisited with the county probate court for safekeeping. If not and you canjot otherwise find your father's Will, then he will be deemed to have died "intestate". This means that the intestacy laws of the state in which he was domiciled at the time of his death will control. In such a case, an estate is typically divided 1/2-1/3 to the surviving wife and the remainder to the children of the deceased.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your best option is to continue trying to find the law firm that drafted your dad's Will to obtain a copy. You may want to try looking in Martindale-Hubbell which is a legal directory, for a law firm with the name Donahue.
If you are unsuccessful, then inheritance will be determined by intestate succession which means dying without a Will. Intestate succession will benefit your stepmother.
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