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?


Asked on 7/01/01, 4:47 pm

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

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.

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Answered on 7/02/01, 3:29 pm

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

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Answered on 7/03/01, 9:18 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

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.

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Answered on 7/02/01, 2:44 pm


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