The Case of the Missing Will A LOST WILL DOESN’T HAVE TO DERAIL YOUR ESTATE PLAN
not revoked, and that its contents can be reliably proven. Witness testimony, attorney records, a copy or draft of the will, and other documentation may all become important. In other words, a missing original can turn what might have been a straightforward probate process into a much bigger headache. A missing will can mean more stress for your family. If a lost will cannot be admitted to probate, the estate may ultimately be distributed under New York’s intestacy laws rather than according to the deceased person’s wishes. That can lead to delays, additional expenses, and disagreements among family members. The simplest solution is often prevention. If you discover that your original will is missing, talk with your estate planning attorney about whether creating a new will that clearly revokes prior versions makes sense. A missing will isn’t necessarily a disaster. However, it is a good reason to dust off your estate plan, make sure your documents are safely stored, and confirm that your wishes are still clearly documented.
Estate planning documents somehow seem to find a way to vanish when you really need them. If you’ve misplaced your original will, take a breath: Losing the document doesn’t automatically invalidate your estate plan. However, in New York, a missing original can create some extra legal hurdles, especially after someone has passed away. Check all the usual (and not-so- usual) places. Before assuming your will has disappeared into the filing-cabinet abyss, conduct a thorough search. Check your home safe, filing cabinets, storage spaces, and safe deposit box. If you worked with an estate planning attorney, contact the office to see whether they have a copy or record of the document.
Digital document inventories and other secure storage locations are worth checking, too. What happens if the original is missing after death? This is where things can get more complicated. When an original will cannot be located after someone’s death, New York courts may presume the person intentionally revoked it. That doesn’t necessarily mean the will was revoked since documents can be lost, misplaced, or accidentally destroyed, but overcoming that presumption can require additional evidence. In certain circumstances, a copy of a lost will can be admitted to probate. Generally, the person seeking to probate it must establish that the will was properly executed, was
DUTCH APPLE PUDDING CAKE MICHELE’S RECIPE CORNER
INGREDIENTS • Nonstick cooking spray • 1 20-oz can apple pie filling • 1/2 cup dried cherries, dried cranberries, or raisins • 1 cup all-purpose flour • 1/4 cup granulated sugar • 1 tsp baking powder
• 1/4 tsp salt • 1/2 cup milk • 2 tbsp butter, melted • 1/2 cup chopped walnuts, toasted • 1 1/4 cups apple juice • 1/3 cup packed brown sugar • 1 tbsp butter
DIRECTIONS 1. Lightly coat 4-quart slow cooker with cooking spray. 2. In small saucepan, bring apple pie filling to boil; stir in cherries. 3. Transfer apple mixture to cooker. 4. In medium bowl, stir together flour, sugar, baking powder, and salt. 5. Add milk and melted butter; stir until combined. 6. Stir in 1/2 cup walnuts. Pour and evenly spread batter over apple mixture in cooker. 7. In the same small saucepan, combine apple juice, brown sugar, and the 1 tbsp butter; boil gently, uncovered, for 2 minutes.
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8. Pour apple juice mixture over batter in slow cooker. 9. Cover and cook on high-heat setting for 2–2 1/2 hours. 10. Turn off cooker and cool, uncovered, for 30–45 minutes.
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