Legal Question in Wills and Trusts in New York

My husband passed away but we had separate wills drawn up. My attorney has retired. As long as the will was filed in Surrogate Court, do I have to have a new will drawn up? How am I sure it was filed in Surrogate Court?


Asked on 11/16/09, 3:24 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. As long as the will was filed in Surrogate Court, do I have to have a new will drawn up?

A. I am not sure if I understand your question. You want to know if you must prepare another will because 1. you husband died and 2. the will you have was not filed in Surrogate's Court? Basically, it is your money and you may or may not want to draw a will or may or may not have the will filed. There is no duty to do either.

Q. How am I sure it was filed in Surrogate Court?

A. You should have received a SKW (safe keeping will) number. If not, contact the Surrogate's Court. The clerk at the Court will help you.

Mike.

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Answered on 11/22/09, 1:35 pm


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