Legal Question in Wills and Trusts in New Jersey

My father created a will with his lawyer in 1996. He, very sadly passed away in 2008. At that time we could only find a copy of the will, unsigned. We called his lawyer and the lawyer said he could not find the original will. Due to this, my brother and I had to pay $1000+ to get the proper paperwork from the court, miss time from work as well as remind ourselves that our father was gone.

Can we sue the lawyer for fees paid to the court?

Thank you.


Asked on 7/19/10, 7:48 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I would need more facts to properly answer your question [e.g. did the lawyer acknowledge that he actually retained the original Will after your father signed it? your question is a bit vague on that point]. If the lawyer never retained the original Will, you have no case.

However, even if the lawyer did retain the Will and then lost it, it's very likely that the costs you will incur in suing him/her, will far exceed the $1,000+ you hope to recover. My advice is to move on.

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Answered on 7/19/10, 10:58 am


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