Legal Question in Wills and Trusts in New York

Re: Validness of a Will

It is unusual to register a Will prior to death, unless it is ordered by a Court so no changes can be made to comply with a Court Order. When the person dies, the original is presented to the Surrogate by the named Executor and any questions of iys validity will be raised at that time. It may be that what the lawyer was referencing was "self-proved" which is notarization of the signatures of the maker and the witnesses, so the witnesses do not have to appear before the Surrogate to "prove" the validity of the Will's proper execution. If the original is no longer available, since the attorney is left practice, this could pose a problem, as only the original can be offered for probate. If your mother does not have the original, she should make a new one and keep it somewhare where it can be located when needed.

Re: Validness of a Will

The will is valid, and can be probated.

Re: Validness of a Will

A Will does not have to be "filed" or "registered" to be valid. It requires 2 or more witnesses who are present at the signing and sign below the Testators name. The original Will (and only original) may be presented to the Surrogate's Court for probate and the court alone will decide whether it is valid. Good luck!

Re: Validness of a Will

It is not necessary for the will to filed in Court prior to the persons death to be valid. However, the will must be probated after death.

If I can be of assistance, please feel free to contact me.__________________________________

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Re: Validness of a Will

Probate only occurs after the death of the person who signed the Will. I am not certain if your mother is still living.

Depositing the Will in advance with the Surrogate is only for safekeeping; it has nothing to do with the validity of the Will or its eventual Probate.

If a Will has been properly executed (signed at the end by the testator and witnessed by at least two individuals) it can be admitted to Probate.

Re: Validness of a Will

It is not necessary for the will to filed in Court prior to the persons death to be valid. However, the will must be probated after death.

I am very familiar with the Surrogate Court of Queens County where the probate would take place if your mother resided in Queens at the time of her death.

Please contact me if I can be of further help.