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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118789
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Good morning my name is ***** ***** ex husband passed away last

Customer Question

good morning my name is ***** ***** ex husband passed away last Saturday I know he had a will drawn up I don't remember the attorney's name but I do know he has passed away how can I locate a copy of this will
Submitted: 2 years ago.
Category: Estate Law
Customer: replied 2 years ago.
it was a real estate attorney that drew up the will in Miller Place New York the county of Suffolk County
Customer: replied 2 years ago.
the attorney passed away approximately 10 years ago my ex husband passed Saturdayand he has a copy of the well but his brother will not give me access to his paperwork can I get a hard copy from somewhere in the courts
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, wills are not recorded anywhere, which means you cannot go to a computer database or some government office to find a copy of a will. In order to find a copy of the will you need to know the attorney's name and hope he has a copy and if the attorney died, then his firm generally has his files or the NY Bar has to be contacted and they will tell you in most cases where you could find the attorney's file.
However, if you cannot get it through those means, then you will have to file in probate court a petition for probate, which would then force anyone who has a will to produce the will to the court.
If you are an ex spouse though, upon divorce in NY any bequests made to you would have been automatically voided unless the will was drafted after the divorce. If you had children who would be heirs, then they would be the ones who would have to file a petition for probate in the probate court and that will force a will to be produced or his children would be the sole lawful heirs.