How do we get a copy of a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do we get a copy of a Will?

My father recently passed. My step-mother sent my sister and I a copy of a 15 year old Will done in NY. Then he moved lived in PA over 10 years ago. The Will stated that everything was to be left to her, which we find very hard to believe. The Will was written by her lawyer and has 2 people that signed it as witnesses, but it was never signed by my father (at least the copy she emailed us). Also I called and found out it was never recorded either. She says there is a signed copy but has yet to produce anything signed by my father . What would be our next step?

Asked on July 22, 2011 Ohio

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the ensuing problems.  Generally speaking, your children do not have an absolute right to inherit from you.  True under the intestacy statutes in any state (when you die without a will) a portion of your estate goes to your children.  But if you choose for that not to happen you can disinherit them.  State laws vary, though, on how that must be done.  New York wants them specifically disinherited, meaning you have to so state that you are disinheriting so and so for reasons known to both of us, or something of that sort.  If the Will was not signed then there is a big problem.  Why would she have a copy that was unsigned lying around/  When you say recorded you mean filing the Will with the Court?  New York does not require that. I am uncertain if PA does.  The fact that it was executed  - if it was executed - in New York and he then moved to PA is not really relevant as long as it was valid in New York.  Your next step would be to seek legal help.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption