Legal Question in Wills and Trusts in New York
appointment of executor
my sisterinlaw gave me a copy of her will naming myself and one of her sisters as executors. we cannot find the original. what's our next step?
3 Answers from Attorneys
Re: appointment of executor
It depends on whether your sister is still alive.
If so, bring the matter to her attention.
If not, find out who last had the original. If her lawyer or some other person had it, then you can try to probate the lost Will.
If you sister in law was the last person to have the Will and it can't be found, there is a strong presumtion that she destroyed it.
Tricky stuff and it can be complicated.
Re: appointment of executor
A. Hire a lawyer
B. Continue to look for original
C. Figure out the family tree, because
there is a possibility that without
the original, the estate will be
distributed intestate
Re: appointment of executor
In most cases, the probate court in New York will not allow a copy of a will to be probated. Because of this, your sister should have her will redone.
If she has already deceased, you should retain an attorney.