Legal Question in Wills and Trusts in New York
Not Receiving Copy Of Will From Lawyer
My mother's attorney will not send me a signed copy of her will. He states that only he is entitled to a signed copy. He sent me an unsigned copy, but that means nothing. My mother is still alive but in an assisted living facility (she has dementia) and cannot remember anything about her will (when she did it, where she filed it, etc). My question is - am I entitled to a signed copy of my mother's will. I only want a copy, not the original. THANKS!
3 Answers from Attorneys
Re: Not Receiving Copy Of Will From Lawyer
You are not entitled to a signed copy, or even a copy while she is alive. You may want to make sure that the attorney has the original will however because when it comes time for probate a copy is meaningless.
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Re: Not Receiving Copy Of Will From Lawyer
It is clear that you understand that you are not entitled to the original signed Will. Your mother's lawyer is required to maintain secure custody of this document. If he has sent you a copy of the Will, I cannot see any reason why he would not send you a copy of the signature page, which seems to be significant to you. Ask him specifically for this. If you have been named as an executor or of the Will, than upon the death of your mother, you will be entitled to receive possession of the Will.
Re: Not Receiving Copy Of Will From Lawyer
The Will is protected by attorney client privilege and your mother's attorney cannot and should not disclose it without her consent. It is good practice for attorneys not to release signature pages because of the risk of fraud, and your mother's attorney is following the best professional practices by preventing photcopied documents with signatures from being released to potential beneficiaries.
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