What does the Probate Attorney do after Will discovers the Probate?

What does the Probate Attorney do after Will discovers the Probate?

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There is no life expiration of the valid wills. Then, what happens when the probate attorney discovers the will after the probate. Then, the same could catch the court’s attention with the assistance of a probate lawyer. The probate might begin again, and also, now that actual will is part of the process, the previous decision will no longer be legitimate. 

For the court to commence probate again, the individual needs to have a correct and original will. Because of the absence of the original will, the judge does not reverse the previous decision in a will copy discovered. However, it is on the presentation of the original will that the probate case might cancel out the previous judgment. 

Provisions of the Will

Once the probate case is completed, the default state takes place for the provision of the assets. It is these default processes that divide the estate into pieces based on how much the standard heirs are eligible to receive according to the state laws. 

However, it can change by the will to what is the wish of the estate owner, which might exist with profound and significant changes. For instance, it is possible for the spouse to receive far less or more than what he or she would receive by default. Other dependents might receive a particular percentage of assets according to the wish of the estate owner. This could consist of charitable trusts, business operations, or passing the ownership of an enterprise to the other individual.

Distribution of Assets

While it may decide by the probate court, who will get what based on the state laws and default guidelines, it is the will that has a specific distribution of assets as specified by the estate owner. Finding the original will might reverse or completely change what was previously provided by the probate court to the family. 

There are even chances for the will to stipulate that nothing has been distributed to the spouse. The complete disinheritance of a spouse will not be permitted by many states. The reason for the disinheritance may explain through the will. 

Will usually process the assets that will be controlled by the probate court. However, there are chances for the estate owner to transfer the assets that have nothing to do with the probate court. Some of these include matters that have something to do with the death of the estate owner, like life insurance. 

What if the will exists, but the original can’t be found? 

If the Will is not found, then it is presumed that it has been either destroyed or revoked by the testator. However, there are still chances to probate a lost will if a copy of the will exists. The testator proves that he or she did not deliberately destroy or hide the will. They are also not involved in its disappearance in any way. 

Here mentioned are some examples of the factors that might convince a probate court to allow a lost will:

  • The home where the will was kept was destroyed due to some natural disaster, and also the testator died in the incident;
  • Evidence can be provided by the heirs that the will was created and kept at a particular place that was destroyed or robbed;
  • It can be proven by the heirs that the will was destroyed after the death of the testator;

In case heirs and legates agree on having the will’s copy admitted. Then admission of the copy can be permitted by the court without a formal hearing.

Conclusion

Some might find the will after the completion of a probate case. In such cases, the court can alter the previous probate decision. The court alters the decision if the will found is original and also passes the test of validity. However, there are still some cases where a copy of the discovered will can be accepted by the court.

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