Bradenton, FL asked in Probate for Michigan

Q: Looking for attorneys legal responsibility after writing WILL and person is deceased. Will and death both in same week

Michigan law

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1 Lawyer Answer
Brooke Lauren Archie
Brooke Lauren Archie
  • Probate Lawyer
  • Detroit, MI
  • Licensed in Michigan

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

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