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Getting copy of last will from attorney for executor

Submitted by Jerome on Fri, 10/21/2011 - 09:23
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Hello. I'm the executor of my brother's estate. It's a small estate and he lived in another state at the time he had his will drawn up. Then he moved to Massachusetts and died here last week after living here for 2 years. Embarrassing to say but I did not have a lot of contact with him. Years ago he gave me a copy of his will and included the card of the lawyer who drafted it. The attorney's office is in New York where my brother used to live. So I'd like to make sure that there were no changes after my brother gave me the copy of the will and would like to ask the attorney to send the one he has. How can I get the will from the attorney? I called yesterday but he has not called back yet. Thank you.

‹ Distribution of the Estate of a person that died in 2007 without a will Bank request complete copy of a trust agreemment to open account ›

Executor obtaining copy of last will

Submitted by The Editor on Fri, 10/21/2011 - 09:34.

Sorry about your brother.  The good news is that obtaining the will from the attorney should be pretty easy.  It's likely the lawyer will call you soon, but if not, just send a written request for the will, return receipt requested.  Identify yourself as the executor and include a certified copy of the death certificate along with the request.  To protect the testator's confidentiality rights, the attorney will not release the will without proof of death, because beneficiaries and executors are not entitled to a copy of the will unless the testator has passed away.   (At that point the will is filed at the probate court and becomes a public record.)

If, for some reason, you have trouble getting in touch with the attorney, you may check with the New York version of our Board of Bar Overseers to make sure you have the correct address and/or phone number.  Good luck.

 

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