Attorney Marc A. Scaringi represents the recipient of a substantial bequest given by the decedent in a Codicil to his Last Will and Testament. The recipient is not a family member, but instead a former employee and friend of the decedent. In his Will, the decedent named two of his adult children (the “Family”) as executors of his estate. The Family have taken the position that the Codicil was made when the decedent lacked capacity and was under undue influence by Attorney Scaringi’s client; both allegations are strongly denied. The Family has threatened years of invasive litigation to invalidate the Codicil. Meanwhile for months the Family failed to probate the Will and start the probate process, which would then require them to administer the estate and thus make the substantial bequest to Attorney Scaringi’s client. So, Attorney Scaringi filed a Motion to Compel Production of the Will. In response, the Family has lodged the Will, and the probate process will likely begin presently. We will see how this case develops. However, we have achieved a small victory in apparently getting the probate process initiated by filing a rarely used legal tool, a Motion to Compel Production of the Last Will and Testament.
