“Lawyer claims there’s no will despite one from 20 years ago naming me as inheritor. Should I trust him? #will #estate #inheritance #lawyer #NYestate”
Confusion Over Will Validity
- Deceased parent’s will from 20 years ago names me as inheritor alongside late spouse
- Lawyer doesn’t have signed copy of old will
- Newer will from 2011 acknowledges other siblings but leaves them nothing
Lawyer’s Decision to Declare No Will
- Lawyer wants to neglect old will and file there’s no will
- I know where the signed will is but it’s in a challenging-to-access safe deposit box
Seeking Clarity in Legal Process
- Estate potentially worth 100k
- Unsure of lawyer’s motives and proper steps to take
- Concerned about costs – lawyer’s fee of 5% of estate
Need for Guidance
- Request advice on next steps in NY estate matters
- Seeking clarification on lawyer’s actions regarding will
Ok let me get this straight. There are 3 existing wills? So where is the latest one? One from 2002, one from 2011, and another one from when?
You’ll need to get named administrator of his estate to get access to the safe deposit box. The bank’s website should have the process outlined once there is an administrator.
If there is no will, the estate will be divided among the heirs.
Do you know where the key to safety deposit box is? That will help. Even if you don’t, call the bank where you think it is at, and they will tell you what you need to do. This is not uncommon when someone dies. You do not need a lawyer for this. There is a specific form you need to fill out and file with the courts. If you don’t have a key, you might have to pay a locksmith to open the safety deposit box. It’s likely a rep. from Bank will stand there when you open it to see if indeed a will is in there. If it’s not, then the contents will be released once an executor of estate has been appointed. You can do everything your lawyer can do in this situation with the safety deposit box. You are in charge of this situation, not the lawyer. His job was done and paid for when you Dad had him draw up the will. If he doesn’t have a signed copy and he is not the executor of the will, and he’s wanting to take 5% to file a form, tell him to pound sand.
>He wants to file that there’s no will.
What’s the context behind that? How did the conversation go? I can’t imagine him just saying “I want to complete the entire probate process intestate” and then there was no further communication about it. Is he looking to start probate now and then submit the will once you are able to get access to it as the estates administrator? Have you tried asking him why he would do that?
> Why would he do this?
Seems like a good question to ask the lawyer in question.
What state did your Dad die in? In some states you can’t disinherit your spouse. So likely the surviving spouse would get 50 and the kids split 50. If you want your entire 50 you need him to file the probate to get a court order to open the safe deposit box to get the will. This is a good lesson for most people. Have your parents place one of the kids on the boxes. That way the bank will give you access after they die without an order. Even if there is a dispute you can open in front of a bank witness to pull the will out. Btw it’s kinda of bull shit for a lawyer not to keep a signed copy.
You need a different lawyer. The will as far as you know leaves the majority of the estate to you, without a will everything would be equally divided between all the siblings and you.
It is a pain when people keep their wills in a safe deposit box. In many states, there are a lot of processes that have to happen for you to be able to access the safe deposit box. One is usually that you need to be the executor or administrator of the estate.
It may be that you initially need to open probate stating that there is no will in order for you to be named as the administrator of the estate so that you can access the safe deposit box because as of this date you do not have not found a valid will.
Please ask the attorney to clarify if this is the situation that you are in.
Talk to clerks at the county courthouse and get a different lawyer.Â
Have you contacted the bank to ensure that you are not authorized to access the safe deposit box, either during his life or after his death?
Your attorney may be suggesting that you file as intestate because you do not have a valid copy of a will. The process in your state may be to file intestate and then amend the filing of the will is located. Not wanting to drive a wedge between people should not be a consideration.
If you don’t feel comfortable with this attorney, and it doesn’t sound like you do, I would suggest finding an alternative practitioner that you have confidence in.
Sorry for your loss and good luck.
Not your attorney, not advice, not barred in NY.
Get another lawyer asap. Something is fishy.
Who does “the lawyer” represent? Seems the lawyer is maybe suggesting that you have a choice and you don’t have to disinherit sibling. Maybe lawyer is gently directing y’all to not deplete estate by fighting over it.
To file for probate and go by intestate succession would be to not follow your father’s wishes. Your father’s wishes are in the most recent will. I am pretty sure this lawyer would be guilty of a crime for doing that. You should talk to another lawyer or a law school professor to be sure, without hiring them to settle the estate. What he is proposing sounds completely unethical.
Are there other heirs? You father was not married when he passed?
If not, there’s no point in the will, you’re the sole heir anyways.
If yes, then the will absolutely is important, since it makes you the sole heir.
Typically when you make a new will, you void the older one(s). So the newest one would be argued, and in court probably also, to be the most accurate ‘last will’ of the person who passed away. Only if one could prove that that will was made up under false conditions they’d have a case to use an older version or say the will is void.
Definitely get a new lawyer, and, get a copy of all existing wills and go from there (with the new lawyer).
Your lawyer is legally bound to execute the wishes of your parents. Period. His opinions are irrelevant. If he files intestate, he is making a material misrepresentation to the probate court. I would advise the attorney to perform his duties as instructed by your parents or you will file a bar complaint.
This lawyer is going to great lengths to keep you from seeing what’s in the real will. You have no way of knowing if his “unsigned copies” are actually copies or fakes without seeing what’s in that box.
WTF, in most cases you can access the safety deposit box with a death certificate and a little bit of time and effort working with the bank.
File an ethics complaint on this lawyer and find another probate attorney. Don’t give him a dime or sign anything.
Get a new lawyer, it sounds as if he’s acting as your sisters legal representation and not the estates.