Q: Lawyer has been informed by Medical Examiner of death, yet refuses to release Will - can he do this?
He says he needs “formal notice” - ME won’t release body without proof I’m executor (ie, the Will) so I cannot get a death cert or anything. I’m stuck as I need the Will to get the death cert, make arrangements, get access to apt., etc.. Can the lawyer be made to release the Will to me??
**EDIT** I am not a family member - this gent had no living family. I am only a friend who met him when I volunteered at a senior center. It’s just frustrating as ME is saying now body will go to Potter’s Field if unclaimed, lawyer says if I come in for a “consultation” (at $550/hr!) he can go over the Will with me, but won’t give it to me w/o a death certificate. Seems so shady. Should I just go the Public Administrator route?
A: It is weird. But, the workaround is to file for limited preliminary letters of administration, with a request for relief to get the other documents. Or, the lawyer can just file the will with the court directly, and you can get a copy.
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A: Surrogate Court Procedure Act (SCPA) Sec. 1401 authorizes a proceeding to compel anyone who has custody of the original Will to produce it. If you are a spouse, parent, child, or sibling of the deceased, you are eligible to receive a copy of the death certificate if one has been issued. You would not need a Will, which is not legally binding until it is probated. If you are not one of these individuals, you would certainly need to demonstrate why the body should be released to you. That would require SCPA 1401 to compel production and then a petition for preliminary letters of administration. It would be helpful if you have a copy of the Will.
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