Q: Looking for attorneys legal responsibility after writing WILL and person is deceased. Will and death both in same week
A: If I’m understanding your question, you would like to know what responsibility the attorney who drafted the will has after the death of the testator. Generally, the answer is none. The proximity of death to the execution of the will may or may not be relevant, but it is not absolute. The drafting attorney has no duty to enforce or probate the will. If the attorney agreed to hold it for safekeeping, then he or she should contact the nominated Personal Representative and provide the original to that nominee.
Brent T. Geers agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.