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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 55771
Experience:  Licensed attorney helping individuals and businesses.
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I was told I was in a will that was never probated. How can

Customer Question

I was told I was in a will that was never probated. How can I get a copy of the will and make a claim? The will was drawn in Queens NY
JA: Has anything been filed or reported?
Customer: No. The person first said there was no will then a month ago said she found it
JA: Anything else you want the lawyer to know before I connect you?
Customer: don't know what to ask
Submitted: 6 months ago.
Category: Estate Law
Expert:  Infolawyer replied 6 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 6 months ago.

You can check with the probate court in queens located at 88-11 sutphin boulevard. You can demand a copy of the perceived executor and have a lawyer do so. Often this provides results, as executor must publish it to family and beneficiary, among other duties. If needed the court can be asked to compel production of the will by filing a petition.

Customer: replied 6 months ago.
But I did that in 2012 and the court did not find a will. The person just told me she has the will. I won/t be able to get it from her. How can i find a copy if I don't know who drew up the will.
Customer: replied 6 months ago.
Initially she said there was no will and wiped out everything. A month ago she said she "found" the will.
Expert:  Infolawyer replied 6 months ago.

If she has the will, she must show it to you. You can do the following:

1. see if it has been filed in court since 2012

2. write demanding it be produced.

3. have a lawyer do so.

4. file an action in court to force her to produce it.

Expert:  Infolawyer replied 6 months ago.

As she admitted to having it, options 2 and 3 would be best at first.

Customer: replied 6 months ago.
If she refuses and says she was mistaken that there is no will?
Expert:  Infolawyer replied 6 months ago.

Then proceed to options 3 and 4. One is not mistaken about finding it. she has it.

Kindly rate me 5 stars.

If I can clarify anything, let me know.

Customer: replied 6 months ago.
I am stuck. She is not going to produce it and say there is no will. Her word against mine.
Customer: replied 6 months ago.
Maybe I can query later offices in queens
Expert:  Infolawyer replied 6 months ago.

You can do that. Keep in mind if taken before a lawyer, a judge, under oath, most people wont perjure and will admit to existence. Need to apply the pressure as mentioned.