Legal Question in Wills and Trusts in New Mexico

Do attorneys keep a copy of wills they write? My mother recently passed and I cannot find the most current copy of her will. The attorney who wrote her will is no longer practicing and I don't know know what to do next?


Asked on 12/28/10, 11:49 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Typically your prior attorney's files will be maintained so they can be accessed for a period of 5 years. Most lawyers keep at least an electronic copy of the wills they prepare, but be advised that the copies are not signed and therefore cannot be probated. They could provide some evidence in a will contest, but an unsigned will has no legal significance by itself.

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Answered on 1/03/11, 8:09 am


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