Full question:
My husband passed away 2.5 years ago and we had a written up paper stating our daughter was to handle our affairs in the event something happened to us together, it also stated in the event something happened to either of us we leave all our worldly possessions to each other. Our daughter and son-in-law witnessed it and dated it but I cannot find the original, just the copy my daughter had in her safe, is this a legal document?
- Category: Wills and Estates
- Date:
- State: Idaho
Answer:
A valid will requires testamentary capacity, meaning it must be created by a person of sound mind who understands their assets and potential heirs, without coercion. In Idaho, a will must be signed by the testator or by someone else in their presence and at their direction, and witnessed by at least two individuals who are at least eighteen years old (Idaho Code § 15-2-502).
Typically, only the original will is accepted in court to ensure its validity. While an authenticated copy may be admitted to probate, this process can be lengthy and is not guaranteed to succeed. If the original document is lost, the court may allow a petition for a lost will, but you would need to provide evidence of its contents and execution.
I recommend consulting with a local attorney who can evaluate your situation and the documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.