what to do if lawyer won't give me a copy of a written will

by Yvette Jaskolski Published 1 year ago Updated 1 year ago 4 min read

You can file a petition to compel the attorney or executor to give you the will or lodge the original with the court. Call or email an attorney for a full consultation. More

Full Answer

Why won't my attorney give me a copy of my file?

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. * This will flag comments for moderators to take action.

How do I get a copy of a will?

This was done on September 5th, 2014 and in this blog post, we actually have language that you can use, you can actually take this language, pop it into an email or a letter and send it off to the named executor or trustee to try and get a copy of the documents. But let’s start with the Will.

How do I get my attorney to give me my file?

Send a demand letter to the attorney requiring that he provide you your entire file. Client files are the property of the clients and attorneys may not withhold them including for non-payment of attorney fees.

Can a lawyer keep a copy of a trust?

Sometimes the lawyer who drafted the Trust will keep a copy, sometimes they won’t. It depends on the lawyer. So it’s not that easy to get a copy of the Trust if the person who has it won’t hand it over to you. So we’re going to talk about how to get that trust document.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Is it normal not to hear from your attorney?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

Do lawyers cheat their clients?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

How do I know if my lawyer is cheating me?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

What is reasonable response time for a lawyer?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

What to do when an attorney refuses to give me a copy of what I signed?

I signed documents, that I was not given the opportunity to read, I was in my early 20s at the time, it was after my dad passed away. I think they were some sort estate documents for my Grandma’s estate that my 2 uncle’s urged my my 2 siblings to sign without reading.

Answers

It's difficult to get documents you signed after the fact: the only way to compel the production of documents (that is, force someone to give you a copy) is in litigation, or during the course of a lawsuit.

1 attorney answer

She has to return any documents that belong to you which you gave her. But she does not have to give you any other work product documents or internal documents that she generated. If you feel that she is refusing to return documents which you provided to her, then you should contact the Florida bar and file a complaint...

Ayuban Antonio Tomas

Procuring a Copy of the Trust from Trustee

Your parent, loved one, or close friend has died. You know they had a plan. Their plan is in their trust. But you were never given a copy of the trust. You know who the trustee is and you asked for a copy. But the trustee either won’t respond or has told you that you won’t be sent a copy of the trust.

When does the trustee have to give me notice?

The trustee is required to serve notice no later than 60 days after any of the events in 1, 2, or 3 above have happened. For most people, a living trust becomes irrevocable because one or both settlers have died. If that has happened then the trustee has to send out notice.

What to do if a court refuses to give you a copy of your documents?

If they refuse to give you a copy but they file it with the court, well that’s easy, you can just go to the court and get a copy from the court, if they refuse to do both, at least now you have it in writing that you made your demand.

Can you find a trust in a bank?

You’re never going to find a Trust out there in some data bank where you can see it. Trusts or private documents, they’re usually given to the client, the client then has to maintain them. Sometimes the lawyer who drafted the Trust will keep a copy, sometimes they won’t. It depends on the lawyer.

Do you have to serve a copy of a trust to a child?

The trustee is also required to serve a copy of the Trust on heirs at law of the trust settlor, not just trust beneficiaries. So if you’re a child and you want to see your mom or dad’s Trust, and your mom and your dad are deceased, even if you are not a beneficiary of that Trust, you’re still entitled to see a copy of the documents.

What happens if an attorney doesn't surrender a file?

If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association. Report Abuse. Report Abuse.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

What to do if your attorney is in violation of ethics?

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

What happens if your grandfather dies?

If you signed something with your grandfather, maybe it was duel ownership of the land. However, when he died, they would have contacted you by letter. If they could not find you, your name would be on the property. chances are when your grandfather died, his property went your grandmother.

What to say to a dad when he gets sick?

I'm sorry that you got no help from anyone in your family. That's gotta be rough. I hope everything is ok for you now. I know my time will come one day when I'll need to pick up and move across country to take care of my dad when he gets sick, he's getting older now, but I'm prepared to do that .