Codicil from an Attorney

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Codicil from an Attorney

My grandmother passed 3 months ago. She has always had a Will and per her attorney it was last updated a year ago. My niece is the executor but she never received the Will from my grandmother. The attorney provided my niece with a copy but won’t turn over his codicil which is needed to take it to probate because we do not want to reject the Will. How can we petition the attorney to turn over that document so that we can probate her estate?

Asked on November 9, 2018 under Estate Planning, Virginia

Answers:

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

Answered 2 years ago | Contributor

I wish tht you had stated the reason the attorney gave you as to why he is not giving you the Will.  So while I as an attorney hate to say this about another attorney, I think you need to let him know that you want it and you mean business.  I would hire an attorney to send a letter stating a demand to turn it over within 7 days of receipt of the letter or you will file a grievance with the Grievance Committee in the local county or a misconduct complaint with the Virginia State Bar.  Here is the link. Good luck.
https://www.vsb.org/site/regulation/inquiry


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