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ESTATE OF CARMEN GARCIA A/K/A CARMEN JULIA GARCIA, Deceased

ESTATE OF CARMEN GARCIA A/K/A CARMEN JULIA GARCIA, Deceased (942/12) — This is a proceeding to probate an instrument purporting to be the lost will of the decedent, pursuant to SCPA §1407. The decedent, Carmen Garcia (decedent), died on July 20, 2011, survived by five adult children. All the parties have waived the issuance of a citation and consented to the copy of the lost will being admitted to probate.

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ESTATE OF CARMEN GARCIA A/K/A CARMEN JULIA GARCIA, Deceased (942/12) — This is a proceeding to probate an instrument purporting to be the lost will of the decedent, pursuant to SCPA §1407. The decedent, Carmen Garcia (decedent), died on July 20, 2011, survived by five adult children. All the parties have waived the issuance of a citation and consented to the copy of the lost will being admitted to probate.

The attorney draftsperson, George Gilmer, Esq. (Gilmer), submitted an affidavit dated January 3, 2012, in support of the petition to admit the purported lost will to probate. He submits that he drafted the instrument dated January 12, 2008, at the direction of the decedent, that the decedent was competent, that she read the Will, confirmed that the provisions expressed her intentions and that she signed the Will voluntarily, and did so in the presence of two (2) witnesses, himself and Edwin Rivera.1 Thereafter, he gave the decedent a copy of the fully executed instrument and kept the original instrument and a copy in his file. He states that at no time between January 12, 2008 and July 20, 2011, the date of the decedent’s death, did she revoke the instrument. In August, 2012, Gilmer, moved his office and the original will was misplaced. Despite diligent efforts to locate the original instrument, only the copy has been found.

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