Legal Question in Wills and Trusts in New York

is a faxed copy of a will valid in new york

i have a signed will of my sister in law who lives in new york leaving me everything at her death. she is very ill and my brother wants me to fax him a copy of it. is this a safe thing to do. i really do not trust him. should i do this?


Asked on 7/30/05, 3:11 pm

4 Answers from Attorneys

John O'Donnell Attorney at Law

Re: is a faxed copy of a will valid in new york

I am sorry for your troubles.

You can do what you wish. You are under no obligation to show him the Will.

If you need assistance with this or any other legal matter, please feel free to contact me.

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Answered on 7/31/05, 11:37 am
Anthony Park Anthony S. Park, PLLC

Re: is a faxed copy of a will valid in new york

Dear sir or madam:

At this time, you have no legal obligation to send your brother a copy of the will. However, you may eventually be required to send your brother a copy of the will (after your sister-in-law's death).

You may contact my office directly at [email protected] or at 212-401-2990 for a consulatation of your exact circumstances.

Anthony S. Park

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Answered on 7/31/05, 3:38 pm
Andrew Casanave Andrew M. Casanave

Re: is a faxed copy of a will valid in new york

You have no obligation to send him the document.

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Answered on 7/30/05, 9:50 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: is a faxed copy of a will valid in new york

Is this your brother, or her brother?

It makes a difference. If this is your brother, then he and she are related only through your marriage and you have no duty to sentd him anything. He is not an 'interested person' under the law. i would recommend, 'no', just find a gracious way of declining and keep him uninformed forever.

on the other hand, if he is her brother, then he is an 'interested person' under the law. but his 'interest' only becomes legal after she passes on. Until then, there is nothing going on and you have no duty to do anything.

I assume you are concerned about him forging a new will after getting the photocopy/fax, or are you concerned that he will go to your ill sister-in-law and pressure her for a larger bequest?

Use your best judgment if he is her brother, but let noone pressure you with false claims about what you 'must' do. There are no 'musts' until she passes and by then it should be too late for him to make her life difficult.

You are welcome to ask me any follow-up questions on this matter.

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Answered on 8/03/05, 2:12 pm


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