Legal Question in Wills and Trusts in New York

Re: carring out a will

Your uncle's lawyer has an obligation to submit the Will for Probate to the Surrogate's Court. If he refuses to Probate the Will, you should consult with a lawyer or one of the clerks in the Probate Department at the Surrogate's Court.

In order to validly Probate Will, you must be furnished a copy of the Will.

Re: carring out a will

I agree with Norman, presuming that there is a Will and that the Attorney has the original. Both as an attorney and the named Executor he has both the legal and fiduciary duty to arrange for probate and to provide the named people with a copy of the Will. While he may be the Executor, the heirs have a right to name their own attorney to assist them, if they require one. You should call the Surrogate's Office where your uncle died to verify the Will was probated and, for a small fee, you can obtain a copy if it has not already been sent to you. Contact me directly if you need further assistance. This is a response to an Internet question and the reply is not intended to be legal advice or to create anj attorney-client relationship. Missing facts may produce a different response.