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It seems as if there must be something you are leaving out of this story. What did the lawyer want $2000 to do exactly?
And wouldn't have been easier if the lawyer did have the original?
Actually a trust, but that was his will. And maybe 10 pages total.
He wanted $2000.00 JUST for a certified copy of the will/trust. That is all we asked of the lawyer.
The same thing the court house gave us. A copy of the will/trust "stamped" with an official stamp and maybe signed by the clerk? I don't remember what made it "certified".
As to WHY the lawyer did this? Maybe because he could?
"It's not a bad idea to make a few unsigned copies of your will and have them available for ready reference, but to avoid confusion, you should sign only one original. This--and only this--is your legally valid will."
Actually a trust, but that was his will. And maybe 10 pages total.
He wanted $2000.00 JUST for a certified copy of the will/trust. That is all we asked of the lawyer.
The same thing the court house gave us. A copy of the will/trust "stamped" with an official stamp and maybe signed by the clerk? I don't remember what made it "certified".
As to WHY the lawyer did this? Maybe because he could?
Sorry, but this is still not making sense. How could the attorney give you a certified copy if he did not have the original? If he had a copy, it would be unsigned.
The court house had a copy of the signed original. Big difference. Essentially what they had was a certified copy, and they made another certified copy from it.
I think that the reason for the high lawyer's fee was that he was going to have to try to prove to the court that the unsigned copy was the deceased person's last will and testament. That sounds as if it would be tricky to do, maybe impossible, and would involve going to court.
I am happy that you were able to get your situation resolved, but it could have been avoided if your dad either left the original with the attorney or told you where the original was.
Advising people to put the original in a safety deposit box when that might lead to a delay in probating the will is not a good idea.
"While many people keep their wills in their safe deposit boxes at a bank, in some jurisdictions the law requires those boxes to be sealed immediately after death, until the estate is sorted out. Needless to say, if your will is inside that box--or your cemetery deeds and burial instructions--sorting things out might get pretty complicated. If you do keep it in a safe deposit box, make sure to provide that someone else (and certainly the executor you name) can get at the will when you die. Tell your executor and your beneficiaries where the will is located, and make sure your executor, or someone you trust, has authority (and a key!) to open the box after your death. Many estates have gone through long probate delays because the bank didn't have permission to let anyone open the safe deposit box except the person who had just died."
I'm not going to argue. Different states have different laws. NO COURT REQUIRED!
The LAW in this case for the state of residence allows a person knowledgeable about the will (Lawyer, executor, trustee) to attest that the will/trust is valid. Just a signed notarized piece of paper stating that and attached to the will/trust.
The lawyer was GREEDY plain and simple.
My bank will allow the safe deposit box to be opened to look for a will. That is all that matters!
And there is no charge for this. I trust the bank more than lawyers...
P.S. When you get down to basics, it is what the BANK REQUIRES to transfer/distribute an account upon death.
You can tell them your lawyer said this and that until you are blue in the face, it does not matter! It is what THEY will accept.
For example many banks will not accept a power of attorney. You can wave that power of attorney in the banks face all you want, but if they will not accept it, then that is that!
Bottom line: Get it straight from the horse - Ask your bank about these things.
What about your siblings kids? Your nephews or nieces? A lot of times, I see them get completely overlooked. If you have enough issues with your siblings that you don't want to give them anything, then what if you help your nephews and nieces? They probably never wronged you, and if you hardly know them, at least they are family.
A lot of younger people are heavy in college debt, and lack proper jobs to pay for their loans. You should treat them like charity if they seem hard on times and you can feel good about it knowing they are family.
What about your siblings kids? Your nephews or nieces? A lot of times, I see them get completely overlooked. If you have enough issues with your siblings that you don't want to give them anything, then what if you help your nephews and nieces? They probably never wronged you, and if you hardly know them, at least they are family.
A lot of younger people are heavy in college debt, and lack proper jobs to pay for their loans. You should treat them like charity if they seem hard on times and you can feel good about it knowing they are family.
I think this is a good idea if the children exhibit qualities you'd like to reward, i.e. fiscal responsibility, meaning not gambling or spending money wildly. My nephews are my age so I will have to wait to see how their children turn out (if they choose to have any). My husband's sisters have no children and probably won't so they'll be no flow in that direction. Cousins or cousins' kids might be the best bet for us. Don't know if the OP is in a similar position or not.
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Don't know if the OP is in a similar position or not.
