Lost Will

Prior to divorcing in Texas, Robyn Lewis and James Simmons executed mirror wills, and Lewis’ will left everything to her husband, and in the event of her husband’s death named her husband’s father as executor and heir. After Lewis’s death her family did not find a will and her brothers obtained Letters of Administration.

However, after her ex-husband found out she had died his father applied for letters Testamentary in New York using the pre-divorce will. As part of the Lewis brothers’ challenging to the ex-father-in-laws request, Lewis’ neighbor testified that she has been given a new will by Lewis that named the brothers as beneficiaries, but that she lost the will. The brother’s Letters of Administration were revoked and the pre-divorce will was admitted. The case is now going before the New York State Court of Appeals.

See Philip Bernstein, Court of Appeals to Hear Missing Will Case, The New York Probate Litigation Blog, March 2, 2015.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.