Recent Miami Appeal Shows How to Foreclose on a Lost Note, Do You Know How to Probate a Lost Will in Florida ?

A lost will is one way to change a basic estate administration in  West Palm Beach into a case ripe forFlorida probate litigation. Florida probate lawyers know that it is possible to probate a lost will. Do you know how? Check out this recent case filed just today out of the Third District Court of Appeal to learn how the probate court is going to treat lost or destroyed documents. 

Probating the Lost Will

• Have you spoken to a Florida trust lawyer about the fact that you cannot find your father’s will or estate documents?
• Estate lawyers in Florida know that it is possible to probate a lost will it is just harder than the other way.
• Florida probate lawyers know that to have a valid will in Florida you need two attesting witnesses. 
• It is possible with a will to even avoid making those witnesses attest in probate court.
• When the will is lost it becomes more complicated for you and your Florida estate lawyer.
• But how?
• In order to probate a lost will you need a witness to testify about the will and that witness has to be disinterested.
• What does that mean?
• It means they have to be a witness that does not inherit under the will.
• Does your will have two witnesses (if not we have problems) and are those witnesses disinterested in the probate?
• Probate attorneys Florida know how to probate a lost will.
• In fact Florida estate attorneys and other Southern Florida attorneys deal with lost, stolen or destroyed documents all the time.
• Check out this recent case out of Miami to learn more.

Nationstar v. Marquez

• How can the Court probate a lost will?
• Believe it or not legal documents go missing all the time, that is part of life.
• The Court systems in West Palm Beach have to adapt.
• How do they get around lost documents?
• This was a foreclosure case.
• The note was lost and as a result the bank almost lost the right to foreclose on the note.
• Luckily again for the bank, Courts are adaptable. 
• The Florida legislature had made a statute for foreclosing on a lost note, just like how there are rules for probating a lost will.

Want to learn more?

Check out the entire case by clicking here. 

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