What is considered to be a legal Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is considered to be a legal Will?

My mother just passed away and I gave her guardian a copy of the Will that I obtain from the attorney who wrote it. I’m told I need to furnish the original but all I can find is where it’s signed; there is no stamp on it. The attorney said if I wanted to hire him he can furnish the witnesses and a video of my mother making her Will. Is this the only option I have?

Asked on February 15, 2012 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  A legal Will must be an originally executed document that is signed by at least one but generlly two attesting witnesses.  Now, a copy of a Will can be offered for probate if it can be proven that it is an exact replica of the original (usually through affidavits of the attesting witnesees, etc.)  But this attorney is not playing fair. In fact, he is bordering on unethical becuase it sounds as if he is blackmailing you to use him in order to prove the copy of the Will.  Consult with another attorney.  The court can issue a subpoena as to his file.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption