Who usually has original copy of a Will?

hyacinth003 · ‎03-12-2010

I am almost finished with my Dad's Estate. I would be finished except for the IRS questioning things about his final tax return. The accountant I used answered their questions, and I was told I am supposed to get a letter from them stating it is finished. This has been going on for months, and I still haven't gotten the letter. So I have kept some money IN CASE.

The attorneys have told me they are taking my Dad's case for wrongful death and negligence against the assisted living center. He passed away a few days after fracturing his hip and having complications. They have asked me for the original copy of his Will. I looked through the hundreds of papers I have, and don't see the original. I now have to ask my brother and unfortunately, his wife, as to whether they have the original. As Executor, I would imagine I should have been given it if they have it. But, some people don't do the right thing. I have been lied to in the course of administering the Estate (sister-in-law resents me being sole Executor), and I could be lied to again.

I have not told my brother about the legal action yet. I made that decision to wait until I knew if they were taking the case. So, now I need to ask him about the Will. The law firm can proceed without it, but it is way easier with it.

Who usually has the original? The client or the attorney? I can see them keeping it from me, but am not sure.

Hyacinth

Scorpio1971 · ‎03-10-2010

@hyacinth003

The law firm that drew up my mothers will had her original & sent it to me after her passing. When it was originally drawn up my mother, my brother & I all got copies to have on hand for reference. So maybe you should start with the lawyers office that drew it up. Good luck.

Also if you do obtain it do not relinquish it to anyone. If anyone needs it tell them they can have a copy. Bring it to them so they can physically SEE the original, but let them make copies for themselves WHILE YOU WAIT.

hyacinth003 · ‎03-12-2010

@Scorpio1971 wrote:
@hyacinth003

The law firm that drew up my mothers will had her original & sent it to me after her passing. When it was originally drawn up my mother, my brother & I all got copies to have on hand for reference. So maybe you should start with the lawyers office that drew it up. Good luck.

Also if you do obtain it do not relinquish it to anyone. If anyone needs it tell them they can have a copy. Bring it to them so they can physically SEE the original, but let them make copies for themselves WHILE YOU WAIT.

@Scorpio1971

The attorney who handled his Will retired before my Dad's passing. His son worked with him, and I have been in touch with him. So, after I ask my brother, if he denies them having it, I will contact the son of my Dad's attorney (also an attorney).

There is a Will and Trust, and I am Executor and Trustee, but have copies of the papers. I could see my SIL hanging on to originals, even though she has no legal standing. I have caught her in lies throughout this process, but hopefully my telling them I will call his attorney will bring the truth. I cannot believe one person can almost destroy a very loving family, and I believe it has intensified my grief.

Hyacinth

Scorpio1971 · ‎03-10-2010

@hyacinth003 wrote:
@Scorpio1971 wrote:
@hyacinth003

The law firm that drew up my mothers will had her original & sent it to me after her passing. When it was originally drawn up my mother, my brother & I all got copies to have on hand for reference. So maybe you should start with the lawyers office that drew it up. Good luck.

Also if you do obtain it do not relinquish it to anyone. If anyone needs it tell them they can have a copy. Bring it to them so they can physically SEE the original, but let them make copies for themselves WHILE YOU WAIT.
@Scorpio1971

The attorney who handled his Will retired before my Dad's passing. His son worked with him, and I have been in touch with him. So, after I ask my brother, if he denies them having it, I will contact the son of my Dad's attorney (also an attorney).

There is a Will and Trust, and I am Executor and Trustee, but have copies of the papers. I could see my SIL hanging on to originals, even though she has no legal standing. I have caught her in lies throughout this process, but hopefully my telling them I will call his attorney will bring the truth. I cannot believe one person can almost destroy a very loving family, and I believe it has intensified my grief.

Hyacinth

@hyacinth003

Sorry to hear of troubles with your SIL. I it was me I would just call directly to the attorney's son first before speaking with your brother & SIL. This way you get the answer directly from him and can AVOID ANY dealing with her if his office has it. Then if he says it was given to them you have the attorney's word to back you that it was given to them. Why cause yourself more grief if you can avoid it by calling attorney first. Good luck. I have SIL issues too all pertaining to my Mom's passing so I know it is difficult.

LuvmyLab · ‎06-07-2010

Our lawyer has the original copy in his office safe. He gave us a binder with copies of all legal documents, (will, trust, etc) for us to keep. Usually you get the choice of whether you want the originals or if you want the lawyer to keep it. Our lawyer gave us the choice and we decided we'd have him keep the originals and we'd have a copy.

hyacinth003 · ‎03-12-2010

@Scorpio1971

I thought of just bypassing them too! However, I think it's time to tell my brother about my filing the lawsuit. If there were a setllement or whatever, he gets half whether I liked it or not! I would have shared it anyway, as it wouldn't have felt right to me.

I don't know whether he will like it or not that I have filed the lawsuit - you never know, especially with his wife yapping all the time. Since I am Executor, there is nothing he can do about it, but may need cooperation if their are depositions, etc. Some people feel his death was just a tragic accident and no one's fault. It took me well over a year to decide to file it. He suffered badly until he became unconscious, and that is what was my deciding factor.

Thanks,

Hyacinth

Desertdi · ‎03-13-2010

State laws vary.

♥Surface of the Sun♥

Imaoldhippie · ‎06-10-2015

@hyacinth003 ............If he had a will made at an attorney's office then they should have it. If he did one on this own then who knows where it is. Are you sure he made a will? If you think someone else has it and you have no knowledge of its where abouts, then tell your attorney and let him/her take it from there.

If the attorney does file a wrongful death suit, you more than likely need to be prepared for a long time before anything will be settled and final.

BE THE PERSON YOUR DOG THINKS YOU ARE! (unknown)

Somertime · ‎09-18-2010

I would avoid speaking personally with your brother at all costs. I would call the son of the attorney and ask if it is not available then let the accountant deal with the IRS. There is no need for the IRS to have the original will and your father's estate was disbursed under the Trust. In the four estates that I have filed a tax return for have never required an original will. The IRS is Federal, so it does not matter what the state's requirement is since it is the Federal return that is requesting it. I feel something got lost in the translation.

Regarding the lawsuit, I would not notify your brother, let the lawyers handle it and let the lawyers contact your brother if they need information from him.

geezerette · ‎03-16-2010

In my experience (in different states) the client has always been given the originals of wills, trusts, and all other legal documents. Along with at least one copy.