QUESTION

Where can I inquire about a last will and testament?

Asked on Nov 11th, 2011 on Estate Planning - New York
More details to this question:
Is there any way to determine if a will submitted for probate is the most recent? There is reason to question it.
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5 ANSWERS

General Practice Attorney serving Indianapolis, IN at Broad Law Firm, LLC
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If you are a beneficiary or potential beneficiary, you can challenge the will but you will have to show that it was not proper under the law or that a more recent will exists. However, to show the latter, you will have to actually find the more recent will. There is no one place that wills can be found. You should check desks, file cabinets, bank safe deposit boxes, safes, and attorney's offices where you think the deceased may have done business.
Answered on Feb 17th, 2012 at 12:18 PM

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Donald B. Lawrence
Any person holding a will of a decedent is required by statute to file the document with the Probate Court in the county of the decedent's residence. However there is no requirement for a person making a will to maintain it in any certain fashion. Sometimes an executed will is maintained in a safety deposit box or a home safe or even at the attorney's office. Obviously where it is stored should be safe and known to members of the family or those charged with carrying out the provisions of the will. As to the issue about a different will, if you have access to your decedent's papers or know who the attorney for the decedent was, that information may provide leads to any other documents. It may be easier in a small town than in a larger city but it will be a challenge. The reasons you suggest would justify a challenge may also give clues as to where to inquire.
Answered on Nov 16th, 2011 at 8:24 PM

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Probate Attorney serving Las Vegas, NV
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There is not an easy way to determine if the Will submitted is the last Will executed. You could start by contacting the attorney who prepared the Will to see if any updates were made. If you have access to the Decedent's bank or credit card records you could look for payments to an attorney. You should probably discuss the next steps with an attorney.
Answered on Nov 15th, 2011 at 1:59 PM

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Glen Edward Ashman
You have to provide us any underlying facts for us to better answer the question.
Answered on Nov 15th, 2011 at 1:29 AM

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Estate Planning Attorney serving New York, NY
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In NY, wills are not recorded. However, if you challenge the will, you could request prior wills in discovery. Objections need to be in a specific format.
Answered on Nov 15th, 2011 at 12:41 AM

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