Will-Is it filed somewhere?

[zeros]

Is there a legal website that I can get some free advice?

Is a will filed somewhere other than being in the possession of the testator?

Scenario: Testator (never married) makes out a will that is in his possession He leaves out one worthless sibling. The testator passes and that particular sibling is first to discover the will. He realizes that he is not named. He destroys the will, thinking he would receive his fair share (without the will) being he is one of the survivors.

Could this happen? How do you prevent it?

[PIGLEE]

You might check your county recorders office. Some people will file them, but they don't have to. Did the man us a lawyer? Although he probably would have called you in a few days of the death. Good luck.

[WhiteOleander]

If he used an attorney, the attorney more than likely will have a copy. Something similar happened to someone I know. The will had been written about 15 years prior to his death. It took the attorney awhile to locate it, but he did have a copy. This was in the 80's before everyone kept digital copies of evreything. So, there may be a good chance for your client

[ChEAr$]

Is there a legal website that I can get some free advice?

Is a will filed somewhere other than being in the possession of the testator?

Scenario: Testator (never married) makes out a will that is in his possession He leaves out one worthless sibling. The testator passes and that particular sibling is first to discover the will. He realizes that he is not named. He destroys the will, thinking he would receive his fair share (without the will) being he is one of the survivors.

Could this happen? How do you prevent it?

Sure it can happen, and that is why a person should name an executor in his will and make sure that executor has a copy of the will AND knows where the original is located AND
he should make sure the original is in a safe place accessible to the executor.

However there is no requirement to file a copy of a will with the county officers prior to probate.

[S T]

Well

Obviously, an attorney or the court will need to intervene, but you could check out your client's State Laws to see basic overview and then see how it all plays out..
In some states, the Will needs to name "all" children of the decedent, any child should not be ignored, even if the child is only mentionned for $1 or $10, etc.
Could be the courts will just rule under the "intestate laws" (without a will).
Here is a link to Minnesota State Law Library http://www.lawlibrary.state.mn.us/forms.html, then it appears you can click on the Wills and Probate (I posted this link as that is what you have on your profile)

Sandy

[ChEAr$]

OP said it was a sibling (meaning brother or sister) who discovered the will and his/her omission.
It might not matter, since in the absence of a will, children get first dibs.

[S T]

Harlan

You are right, I processed in my brain a child -
Therefore, the brother, sister, etc, just might not matter,
still if NO Will can be produced it will probably be probated as "intestate"

Sandy

[zeros]

Never married

OP said it was a sibling (meaning brother or sister) who discovered the will and his/her omission.
It might not matter, since in the absence of a will, children get first dibs.

In the OP it stated that he was never married, therefore, no children.

[S T]

Humor of sorts

Just because he was never married, doesn't mean he doesn't have children

Sandy

[ChEAr$]

Just because he was never married, doesn't mean he doesn't have children

Sandy

Quite so. There are bastards in every state of the Union.

[gkaiseril]

The wills will be coming out of the walls. So the courts will need to determine what the latest will is and if it is valid. Also there could be a codicil not recorded lurking somewhere.

And this is why it is best to use an attorney to prepare a will to make sure the wording clearly establishes the date of the will, state of mind of the client, and instructions for the client if the will needs to be revised.

[JohnH]

One way to learn a person's true character is to share an inheritance with them.

[Davc]

Quite so. There are bastards in every state of the Union.

And the District of Columbia.

[Bees Knees]

I am named executor in a will for a non-relative friend who wants to leave two daughters off her will, give 25% to her son, and 75% to charity. I have a copy of the will along with the attorney who drew it up. I told her that if her daughters get into her house and gain control of her assets before her son, there really is nothing I can do. I’m not going to call the police to enforce the will. Neither am I going to spend a dime going to court contesting whatever the daughters try to do with her estate. Thus, in my opinion, the will is worthless unless her son gains control of her assets before her daughters, and that son cooperates with me in executing the will. Without his consent and support, I as the executor am not going to fight her daughters if they choose to ignore the will.

It may be a different story if I were an attorney and had my fees pre-paid along with money set aside to go to court and fight a contested estate.

[ChEAr$]

I am named executor in a will for a non-relative friend who wants to leave two daughters off her will, give 25% to her son, and 75% to charity. I have a copy of the will along with the attorney who drew it up. I told her that if her daughters get into her house and gain control of her assets before her son, there really is nothing I can do. I’m not going to call the police to enforce the will. Neither am I going to spend a dime going to court contesting whatever the daughters try to do with her estate. Thus, in my opinion, the will is worthless unless her son gains control of her assets before her daughters, and that son cooperates with me in executing the will. Without his consent and support, I as the executor am not going to fight her daughters if they choose to ignore the will.

It may be a different story if I were an attorney and had my fees pre-paid along with money set aside to go to court and fight a contested estate.

The very best thing to do in a case like this is have the original of the will deposited in care of the attorney. Most attorneys will accommodate.