Legal Question in Wills and Trusts in New York
Attorney refused to provide husband's will
I am the surviving spouse and the only heir of my husband's estate. I found out after my husband died in jan. 2001 that he left a will. I contacted the attorney who wrote the will, he told me he has given the original to a named executor but would not disclose her address or phone number and he (the attorney) has refused to give me a copy of the will. I went to the surrogate court but nothing was found. How can i get a copy of the will and how can i get the will probated?
4 Answers from Attorneys
Re: Attorney refused to provide husband's will
If there is a Will, there is an obligation to have it probated. You may have to start an action in the Surrogates/Probate Court to produce the Will for probate. If the original cannot be found, an action for going forward with a copy may be required or administration be sought (the attorney who drew the original may have to be subpoenaed to appear and testify). I suggest getting a local attorney familiar with probate matters of thism type to help you. Also, depending upon what the will, if found and probate, states, you may have rights independent of the will contents. Good Luck
Re: Attorney refused to provide husband's will
Retain an attorney in the county where your husband lived and ask that attorney to file a motion to "compel production" of the will.
Re: Attorney refused to provide husband's will
It may be necessary to commnece an action which will require the production of the will and force it to be probated. If you need help or representation, please feel free to contact me.
Daniel Clement
212-683-9551
Demand copy or file for appointment to estate
As an heir to the estate you are entitled to a copy of the will, no questions asked. If it is not provided you can complain about the attorney or start an action for the wills production.
You may also start what is called an administration proceeding. As you have no direct knowledge that the will exists you can start a proceeding to have yourself declared the administrator of your husband's property. One caveat, if the only assets of the estate is land and houses you are not allowed to file for administration but you can just have the items transferred into your name.
In either case you will need an attorney to start an action or file a proceeding and prepare documents, deeds and tax returns for the estate.
718/855-7675
firms.findlaw.com/bunji
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