Is it legal for a judge to submit a 2004 will into probate after the 2005 will was thrown out because it was a copy and not an original

    My father left his Estate to a woman that took atvantage of him because his family did not live close and she talked him into willing over his estate to her when she knew he was an alcoholic .
    She turned in a copy of a 2005 Will to probate and 3 weeks later turned in a 2004 orginal.When we had court in July she told the judge my Dad made the 2005 Will because someone stole the 2004 one. Yet when she submitted the 2005 Will the court told her it probably would get thrown out so all the sudden she came up with a 2004 Will. Is this right for the judge to take the 2004 will over the 2005 will when he threw it out?

    0  Views: 243 Answers: 1 Posted: 10 years ago

    1 Answer

    If that's the only original copy of a will that can be found I guess he has no choice. If you want to go by the 2005 will, you need to locate an original copy of it. Copies can be considered possible forgeries and that's why they are not accepted by the Probate Court.

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