In re Estate of Deutsch
Annotate this CaseDelbert Deutsch died in 2012. Deutsch’s widow, Marcelina, and her son found a copy of a 2011 will on top of Delbert’s desk but, after a careful and exhaustive search, could not find an original will. Delbert’s nephews filed a petition for formal probate of the copy of the will and for determination of heirs. After a trial, the circuit court concluded that the lost will was not revoked by Delbert and admitted the copy of the will to probate. Marcelina appealed, arguing that the circuit court erred by admitting the copy of the will to probate. The nephews also appealed, contending that the court erred by denying their request for reimbursement of attorney’s fees. The Supreme Court affirmed, holding that the circuit court (1) did not clearly err in determining that the will had not been revoked; and (2) did not abuse its discretion in denying the nephews’ petition for attorney’s fees.
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