Basics of Investing

Archive for July, 2008

Question: can we use our mom’s will copy to release her investments to us since we can’t find the original?

i’m the executor of our mom’s will. the copies we have state that. the problem i’m having is the original will is missing. the lawyer doesn’t have it, but she too has a copy. i was told that in order to get into her investments (bonds) i’d need to have the original will along with the original death certificate which i have to file with the surrogate office.
my brother doesn’t have a problem with me handling any funds as he knows i’m not one to deceive anyone. so do i still need the original will to close out her investments & her checking accounts?

Answer: Need to ask the probate court. Only they can tell you if local law will permit you to use them in lieu of an original.

They have to accept it for probate before anything happens; so start there. If they rule the will invalid because it is not a properly signed and notarized original (and they can) you need a good probate atty involved.

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