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How Do Florida Estate Lawyers Probate a Lost Will?

Uncategorized • Sep 7, 2018
post about How Do Florida Estate Lawyers Probate a Lost Will?

Can the Florida probate court probate a lost will? Florida probate attorneys may be able to probate a lost will but do you know how? This is where getting an experienced probate litigation attorney pays off. Want to learn more? Check out this recent foreclosure case dealing with a lost note! What does this have to do with Florida probate litigation?

Probate a Lost Will

  • How do Florida estate attorneys probate lost wills?
  • This may not be as complicated as you think.
  • Florida probate attorneys probate lost wills but they need to prove the contents of the will.
  • How do you do that?
  • You may be able to produce an unexecuted draft.
  • What if it had changes?
  • That may pose problems for the Florida probate court.
  • You may also be able to use a disinterested witness but what does that mean?
  • A disinterested witness is a witness who signed the will but does not take under the will.
  • Does that make sense?
  • Florida courts use lost instruments all the time.
  • For example, check out this recent case out of the Fourth District Court of appeals.
  • What does this have to do with estate litigation in Florida?

Hampton Lewis v. US Bank National Association

  • This was an appeal regarding a mortgage foreclosure.
  • The bank wanted to foreclose on a lost note.
  • Florida will contest lawyers know that you can use lost documents like a lost will.
  • It’s just a matter of doing it right.
  • Has your Florida estate attorney explained how to probate a lost will?
  • The answer may be hard if you cannot find disinterested witnesses.
  • Do you know how many witnesses usually sign a Florida will?
  • Only two!
  • So if both of those witnesses take under the will now what?

Want to learn more?

Check out the entire case by clicking here.

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