Legal Question in Wills and Trusts in New York
Must we have an 'original' will or is a legal copy valid?
Our mother died recently and to our dismay we could only find two copies of her will but not the original. She outlived the lawyer who prepared the will for her and his office appears closed. The two copies we have are very legal looking, in sturdy envelopes with the lawyer's name on them, and stamped 'COPY'. If a copy is not acceptable, does that mean that all of her wishes are disregarded and the courts get to decide how to distribute her property?
Having these copies and knowing her wishes, where do you suggest we start? Our finances are somewhat tight.
4 Answers from Attorneys
Re: Must we have an 'original' will or is a legal copy valid?
My condolences on your loss.
You are welcome to meet with me for no fee to go over the will and determine if it is legally sufficient.
I would look for the witnesses. If there are 2 witness signatures, then I would want to know if we could find one or both of the witnesses. If not, there are other ways to get the court to accept the will.
If all else fails, the entire estate goes to her children and those children have the right to follow the dictates of the will on their own authority.
Re: Must we have an 'original' will or is a legal copy valid?
You can probate the copy. You will have to explain why to the Surrogate. Good luck.
Re: Must we have an 'original' will or is a legal copy valid?
You may be able to probate the copy if you can get a witness to testify as to the validity of the will and if the court will accept proof that the original will was lost but that the copy comports to the provcisions of the original.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Must we have an 'original' will or is a legal copy valid?
You may be able to ask the Surrogate's Court to declare the copy valid.
You should also know that even without a Will, if your mother was unmarried, her property will pass to her children pursuant to law.
If you think that you would like to discuss this matter with an attorney, you may call me for a free consultation (718) 491-3345.
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