Are attorneys required to keep copies of the Wills they prepare?

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Are attorneys required to keep copies of the Wills they prepare?

My father is 69 years old. I know he has Will and I know I am the executor because my mom has seen his Will. The problem is he has yet to tell me where he keeps his documents! I have a half sister who is definitely goning cause problems when he passes away. I just want to know if he passes and the will can’t be found what options do I have as far as getting a copy? You might be wondering why I just don’t talk to my father about it, believe me I’ve tried. He’s old school and believes that the Will will be just “found” upon his death.

Asked on July 27, 2012 under Estate Planning, Michigan

Answers:

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

Answered 8 years ago | Contributor

Yes and no.  Attorneys are generally required to keep a copy of their legal file for a certain number of years (in New York it is 7) so he may or may not still have the file.  Also, in the file he may keep a copy but it may not be executed or just a photocopy of the executed Will. Try and have the attorney reason with your Dad.  Good luck. 


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