Legal Question in Wills and Trusts in New York
A Will
A dear friend of mine has passed on and this person had a will drawn up with me as the executor. The signed original hasn't been found and the lawyer who drew it up has only a copy with no signature, just a typed name where the signature should go. Shouldn't the lawyer have a copy of the "signed" will? I would think that the lawyer should have a signed copy of such a document in case the originals get distroyed by some unforeseen mishap.
2 Answers from Attorneys
Re: Don't blame the lawyer.
One could suggest that the EXECUTOR should have copy. The lawyer may have many wills to keep track of; the executor only one. Besides, the lawyer may preceases the client. Perhaps you want the lawyer's executor to have a copy?
No, the solution is for the testator [the person making the will] to keep the will in a safe place, such as a safety deposit box. Wills should also be reveiwed / updated periodically.
An unsigned will is a draft.
Hope this helps.
Re: A Will
Either the attorney has it or he doesn't. Noting is going to change that. Since you will need his cooperation to prove the lost will, there is no need to take a hard line position against him. I suggest you retain a lawyer and pursue this.
Daniel Clement
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