Legal Question in Wills and Trusts in New York

If the will was probated, then the original will be filed in the Surrogate's Court in the county in which he resided. If the will has not yet been probated, and you are the named executor, the attorney should turn the original will over to you. If he refuses, and/or if you are not the named executor but want to have the will submitted for probate, you may have to commence a proceeding to demand production of the will. Please see my website for more information about probate proceedings in New York, at http://www.amdlaw.com/Probate/ProbateProceedings.aspx.

I agree, in general, with Andy, but there are many reasons not to release a Will during a person's lifetime. Examples for not releasing a copy are the possibility the Will can be changed and what exists today may not be there tomorrow, heirs might be treated differently and this could lead to family disagreements, and a variety of other reasons. If this is your father's Will, why not just go to him and discuss it. I suspect avoiding this, may suggest there is some propblem and the lawyer may have been instructed not to release copies until it becomes necessary for it to be probated.