Legal Question in Wills and Trusts in Kentucky

Important papers lost by Attorney

What happens when your Attorney loses your only copy of an important document. My aunt is in her 80's and her nephew, who is an attorney, requested she send it to him so he could read it over. Now he informs her he lost it! It is a document of her mother's, my grandmother's, property that all of my uncles, my aunt, and my mom signed over to her.

We believe he did not lose it but does not want her to have it back because he and his sister wants their part of the old farm! He also is a Gambler. His father said before he died that he was ashamed that his son would do this.


Asked on 7/10/08, 6:03 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Important papers lost by Attorney

Contact the local bar association in order to file a report with them. You can also contact another attorney to file a claim in court against him.

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Answered on 7/11/08, 7:24 am
Gregory Napier Troutman & Napier, PLLC

Re: Important papers lost by Attorney

You can contact the bar association where the attorney practices, but before doing that, I suggest you contact that attorney one more time, via a letter, and let them know how important this is and give them one last chance to locate the paper.

Now, to really anser this question, one needs to know exactly what the document was. If it was a deed or some other kind of title, it may have been recorded in the county clerk's office where that propety was purchased (personal property) or where it exists (real property). If it is recorded, then it can be replaced.

If it was a probated will, then a copy of it also exists.

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Answered on 7/11/08, 9:21 am


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