ÜBER DIESE EPISODE
Have you ever wondered whether a photocopy of your Will is enough?
In this episode of The Death Readiness Podcast, estate planning attorney Jill Mastroianni explains why the answer is often no. You'll learn what happens when an original Will can't be found, why courts may presume it was intentionally destroyed, and how that one missing document can completely change who inherits an estate. Along the way, Jill shares two real court cases, including a Tennessee probate dispute that became a true crime story, and explains the practical steps you can take to protect your own estate plan.
What You’ll Learn in This Episode
- Why an original signed Will matters more than a photocopy or PDF.
- The legal presumption that can arise when an original Will is missing.
- What it means to die intestate and how state law determines who inherits.
- The difference between probate and non-probate assets.
- Why simply signing your Will isn't enough—you also need to make sure someone knows where the original is.
- A Tennessee probate case involving a missing Will, murder allegations, and the state's slayer statute.
- Why probate litigation often begins with one powerful emotion: the belief that something wasn't fair.
- A real client story demonstrating how honoring a loved one's wishes sometimes means receiving less, not more.
Resources & Links
Watch this episode on YouTube: https://youtu.be/RIdWNpQemLQ
Free Probate vs. Non-Probate Assets Infographic
Download the infographic referenced in this episode to understand which assets pass under your Will and which transfer automatically outside of probate. https://www.deathreadiness.com/probate-infographic
Need help with your Tennessee probate or estate plan? Visit https://www.deathreadiness.com/solutions
Connect with Jill:
- Website: DeathReadiness.com
- Email: jill@deathreadiness.com
- Learn more about Jill’s solutions
- Subscribe to the Death Readiness Dispatch!
- Ask a question for Tuesday Triage
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This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.
Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.
Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.
