Lost Originally Will, Copy Received

[JETX]

And what does this have to do with validating the will in Florida?

The will does NOT have to be validated in Florida....
It only has to be VALID in Florida.

If it meets the Florida requirements for a valid will (as it surely will, having been drafted by an attorney), there is nothing further required (for the Florida part). Take the FL will to your NC attorney... and let him/her review it.

 

[seniorjudge]

Did you not read the responses?

You FIRST must validate the will in Florida. NOT NC

We need to know where the property (real, personal, mixed) that will be probated is.

There is a conflicts of laws question here which would be which state should the probate estate be started in. Right now, there is not enough information to decide.

 

[JETX]

We need to know where the real estate is.

What the hell are you talking about??? There is NOTHING in this thread about real estate!!!

There is a conflicts of laws question here which would be which state should the probate estate be started in. Right now, there is not enough information to decide.

Maybe for you... but it is very simple for the rest of us.
The ONLY question before us is..... could a copy of a FL will, drafted by a FL attorney, be valid in NC.
And the answer to that is...
If the will is valid in FL, then the copy SHOULD be valid in NC... Take the FL will to your NC attorney... and let him/her review it.

 

[seniorjudge]

Did you not read the responses?

You FIRST must validate the will in Florida. NOT NC

You are correct.

There must be a probate opened in Florida and the lost will proved there.

Then, if there is any property in North Carolina, an ancillary estate would be opened there.

However, there may be ways that a North Carolina court would validate the will in that state also.

I haven't even begun to list the potential problems in this scenario!

 

[JETX]

There must be a probate opened in Florida and the lost will proved there.

Of course, you are NOT correct.... but please, tell us why you think that an estate which is located in NC would somehow have to have probate filed in Florida!!

I haven't even begun to list the potential problems in this scenario!

Hell... from what I have seen, you haven't been correct in this thread yet!!