If I worked for a law firm over 15 years ago and as a convenience for clients signing Wills in the office served as witness, must I continue to complete witness affidavits?

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If I worked for a law firm over 15 years ago and as a convenience for clients signing Wills in the office served as witness, must I continue to complete witness affidavits?

From time to time I receive witness affidavits to complete and return. The request includes threat of subpoena if I fail to comply. Am I legally obligated to do this for the rest of my life? Is there any other option? If legally required to comply, can I claim compensation for my services?

Asked on March 12, 2013 under Estate Planning, New York

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You are not legally compelled to complete the witness affidavits, but you would be legally compelled to respond to a subpoena.  If you are subpoenaed, you are entitled to a witness fee.  In most states, this fee will not even pay the cost of your gasoline to appear where you are compelled to appear.  If I were you, I would simply sign the affidavit and be done with it.


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