If I’m an only daughter, what do I do if my mom’s Will was lost?

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If I’m an only daughter, what do I do if my mom’s Will was lost?

I am currently overseas where my mom died. Her last U.S. address was in NY. I hired a lawyer and gave him my mom’s Will to get it probated. However, he closed his firm and left no trace or forwarding info. What do I do? I checked with probate court and the Will was never probated. Where do I get a copy of the Will? As the only daughter, how do I proceed? What documents

do I need?

Asked on February 4, 2018 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  Do you have a copy?  New York allows for a copy to be submitted in place of the original.  Of course the witnesses will need to file affidavits.  If, however, you are an only child under the intestacy statutes (dying without a WIll) you get everything anyway.  You could proceed without a Will in an Administration.  Seek legal help from another and make sure that you ask about tax implications with or without a Will, if any.  Good luck.


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