Can a Florida Estate Lawyer Probate a Will that has been Lost, Destroyed or Damaged?

Were you selected to serve as the personal representative of a  West Palm Beach estate? You should have many goals in mind as you serve your loved one’s estate. If I may suggest one more you may not have thought about – you are going to want to avoid Florida probate litigation. Estate lawyers in Florida know one way to do so is to deposit the original will with the probate clerk. Will a photocopy work? Check out this recent appeal from West Palm Beach to learn why the answer could be no. 

Lost Wills

• Probating a lost will is not impossible but it will make life harder for your Florida trust lawyer.
• Probate litigation attorneys know that it is important to deposit the original will with the probate clerk.
• Do you know where the West Palm Beach probate clerk is located?
• If not you can ask a Florida probate lawyer. 
• Failure to produce the original will may not be fatal to your case but now you have to probate a lost will.
• This can take an estate lawyer in Florida  a lot more time than a standard probate, this could also spell an increase in legal fees for you as a result.
• Probate attorneys Florida have to charge for their time and the simple truth is that probate takes time, even more so when there is a lost or destroyed will.
• Florida estate attorneys know how important it is to file the original will with the probate clerk and that failure to do so could spell a lot of litigation.
• Are wills the only thing that require originals?
• Check out this recent appeal from West Palm Beach to learn more.

Hepworth v. Wells Fargo Bank

• This was an appeal from a foreclosure.
• So what does this have to do with your West Palm Beach probate lawsuit?
• Believe it or not a lot of this case hung on whether or not a party attached an original document namely the note that secured the mortgage.
• The bank wanted to collect and foreclose but the borrower spun up litigation by asking, wait where is the original.
• This caused the bank significant headaches, not to mention a lot of money.
• Florida estate attorneys know the significance of original documents.
• The lesson is simple, keep your West Palm Beach will somewhere safe, and also fireproof if possible.

Want to learn more?

Check out the entire case by clicking here. 

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