Recovering a Will

[Casper826]

My question involves estate proceedings in the state of: Michigan

Here is the back story. My aunt decided that she would file for guardianship of my minor sister when my mother passed. My aunt took the only copy of my mother's will to her attorney. The will is not on record with the county so this is the only copy of the will. My aunt is not mentioned anywhere in the will, but I am listed as conservator. It is my understanding that my aunt's attorney is holding the will hostage until her bill is paid. Tomorrow I plan on calling her attorney's office to see about getting the will. Does anyone have any advice on how to handle the situation? Should I just hire an attorney? I hesitate to hire an attorney, because I need the will in short order to to a property issue.

Thank you!

[Mr. Knowitall]

Start by asking the lawyer to return the will to you. It may work.

You can open a probate estate without the will. Would you be the administrator? As administrator, you'll have clear legal authority to demand the will from your aunt and her law firm.

(b) A lawyer shall:

(1) promptly notify the client or third person when funds or property in which a client or third person has an interest is received;

(2) preserve complete records of such account funds and other property for a period of five years after termination of the representation; and

(3) promptly pay or deliver any funds or other property that the client or third person is entitled to receive, except as stated in this rule or otherwise permitted by law or by agreement with the client or third person, and, upon request by the client or third person, promptly render a full accounting regarding such property.