Legal Question in Wills and Trusts in New York

Hello, this is a probate matter;

I am the beneficiary of a will and irrevocable trust that was drafted on behalf of my deceased grandmother. I am seeking copies of the will and the trust documents from the now-disbarred attorney who drafted the documents on my grandmother’s behalf (I have not been able to get copies from the trustee/executor). The attorney lost his appeal to maintain his license in the summer of 2018.

Q1: In NY, does the beneficiary of an irrevocable trust of which the settlor has deceased have a right to view the trust and will documents and attachments – such as the Schedule A / List of assets?

Q2: Is a disbarred attorney required to have an inventory attorney or a designated person responsible for keeping their docs, and how do I look them up?

Q3: If a disbarred attorney is not required to have an inventory attorney or other designated person hold their documents, are disbarred attorneys required to maintain contact info for themselves, and If so, is there a directory or other way to look this info up? (noting this may be answered by Q2). Note: The office line listed online for the now-disbarred attorney is out of service.

Asked on 3/19/19, 12:38 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your grandmother. That is not easy.

As beneficiary of the will and trust you are entitled to copies of the documents, and if there was an executor already appointed it's unusual that you have not already received copies. You can go to the courthouse and print a copy of the documents from the computer in the Records Room (or perhaps make a photocopy).

If you are having trouble here I really think you should just hire a lawyer to get this done for you.

You're not going to get anywhere trying to get documents from the disbarred lawyer. Let it go; you're spinning your wheels and spending a lot of time and energy on this issue which will get you no where.

Good luck.

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Answered on 3/19/19, 6:39 pm

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