{Read in 4 Minutes} As a Trusts and Estates attorney, I frequently represent Executors offering Wills for probate in the Surrogate’s Court. Incident to this, the Executor must produce the original Will to the Court or devise a satisfactory explanation for its absence. So, what happens when people can only find a photocopy of a deceased New Yorker’s Will? Where should they begin their search?
One of the most common ways people can try to find the original is to locate the attorney who wrote it. There are a couple of places on the Will where the attorney’s name might appear. For example, if the Will has a legal backer attached, the lawyer may have their name plastered all over it (it’s good for marketing!). Also, if the Will has a self-proving affidavit, the self-proving affidavit will almost always state the name of the attorney who executed the supervision of the Will.
If you are the nominated Executor in a Will and need the original, contacting the attorney is an excellent place to start. The attorney can let you know whether or not they have the Will in their possession, or they may have some notes on what happened to the original. For example, the client said they would leave it in their safe deposit box, or they gave it to someone else with whom the nominated Executor can follow up.
So, how do you contact or find this attorney if their contact information is not written on the Will? Well, there are a few ways you might accomplish this:
1. General Internet Search
•You can go to the browser of your choosing and type the attorney’s name with the title Attorney, and you will find the attorney’s website if they have one. (Some attorneys have a blog. Check mine out. It’s really cool — https://sciaccalaw.com/blog).
•You may also find an entry for Google Maps showing the address and phone number, or a Yelp or Yellow Pages business listing. It’s always an excellent place to start.
2. Searching the New York State Attorney Directory and more.
•The New York State Court system maintains a searchable attorney database that members of the public can use (without requiring a login).
•By entering the attorney’s name (either the whole name or part of the name), you can search for the attorney’s contact information. As New York State Attorneys, we must register with the state of New York every two years and provide current contact information. The contact information there is current. Also, it will let you know if the attorney is deceased or disbarred (like Rudy Giuliani!).
•If the attorney is deceased, consider searching for his Estate on Web Surrogate. The attorney’s surviving spouse or next-of-kin may have received that attorney’s files upon their death and may have the original Will that you’re looking for. The Surrogate’s Court files will have their contact information.
3. The Deceased’s Belongings
•Check the Deceased’s files: they may have correspondence on the attorney’s letterhead, copies of the attorney’s business card in their wallet, or firm swag like pens or notepads with the attorney’s contact information. These are great leads for finding an attorney.
Because finding the original Will is so important and can save a significant amount of time and legal fees, it’s worth it to do a little sleuthing. And you’ll be glad that you did!
For more information on this topic, please contact me.