Legal Question in Wills and Trusts in New York

Re: Lost Deed to land

Is the Deed lost or the Will? If only the Deed, it has been recorded and is a matter of public record. Contact a local title company and for a small fee they should be able to get you a copy. After the Will is probated and you are appointed as Executor, you can record a new Executor's Deed to carry out the Will. The title company can assist you in this. On the other hand, if the original Will was lost, you have a problem. Without the original, the estate will be considered intestate (as if there was no Will) and pass by the state intestacy statute. Thus, wiothout the Will, you will have to share the property with other heirs, unless you can work something out.

Re: Lost Deed to land

Contact the county clerk where the property is located and ask procedure for obtaining copy of deed. Also, try internet for that county clerk's office. Many now have the images right on line.

You don't need to present the deed in order to start probate procedures BUT you should make sure that your Dad still owned the land when he died.

As for your brother selling the land. It would be fraud and you would have a claim on property. If you have reasonable, concrete evidence (not just a feeling)that your brother will do this you should get a restraining order from Judge against same. Good Luck.