🔑 NY: What Does a Lawyer Do With a Testators Will When the Executor Goes Silent?

Here is a tricky scenario that estate planning attorneys sometimes face: The lawyer holds an original last will and testament. The lawyer knows for certain that the testator recently died, but the lawyer does not have a death certificate. The nominated executor contacted the lawyer but stopped responding and a probate petition has not been filed: "Now, there is radio silence." The lawyer knows that the decedent had significant financial assets and that the testamentary plan and intestacy differ. What can the lawyer do?

This post will discuss the following:

• Custody of Will Issue
• Ethics Issue
• Best Practices for This Scenario

Custody of Will Issue

The lawyer safe-kept the will for their client, which is permitted under New York law. However, custody of the will after the testator's death can cause problems when the nominated executor is uncooperative.