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.
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (646) 775-3455
- View Profile
- Answered
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.
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.
