[marshalburton]

Mom and dad had 2 boys. Dad died and left everything to mom and 2 sons. Mom wanted to change will to leave everything to only one son. They both went to attorney and signed the changed will showing only one son to inherit. Mom died and now attorney is saying they have no record of the changed will and they only have the original. Son not on will got married and has 2 sons. The son not on the will has died. The remaining son wants to know what he can do since the attorney only has copy of will where both sons were left the inheritance. What can surviving son do?

[RickJ]

This has been moved from Mental Health to Family Law.

[ScottGem]

First, if Dad's will left everything to Mom and 2 sons, then there can be no changing that will. That will should have been probated and the estate distributed. The three of them should have shared Dad's estate according to the Will.

Now if Mom wanted to leave her estate to only one son, she could have done so. If no will doing so can be found then the two sons share her estate according to the existing will. If one of those sons predeceased mom, them generally, his share goes to his heirs, unless the will specifies otherwise.

If the surviving son wants to mount a challenge to the will he can. But he will need to prove another will was drawn up.