Lawyer died no one returning calls

[kevinc978]

What is the name of your state (only U.S. law)? ma

Hello my girfreind got divorced two years ago. There was a promisary note that her ex owed her such amount to be paid in three years. Well her lawyer has died January this year. Her ex's lawyer has contacted her telling her that he has heard her lawyer died and that he sent him a check for the full promisary note and have called him several times with no return calls. He wants to cancel the check and make out a new promisary note.
my questions are.
Shouldn't both lawyers have copies of the promisary not? why a new one?

What do you do if your lawyer dies and no one answers his phone or returns calls?

Would the courts have a copy of the promisary note?

 

[LdiJ]

What is the name of your state (only U.S. law)? ma

Hello my girfreind got divorced two years ago. There was a promisary note that her ex owed her such amount to be paid in three years. Well her lawyer has died January this year. Her ex's lawyer has contacted her telling her that he has heard her lawyer died and that he sent him a check for the full promisary note and have called him several times with no return calls. He wants to cancel the check and make out a new promisary note.
my questions are.
Shouldn't both lawyers have copies of the promisary not? why a new one?

What do you do if your lawyer dies and no one answers his phone or returns calls?

Would the courts have a copy of the promisary note?

A promissary note is usually returned to the person who issued it, when the debt is paid. Its similar to a bank giving you the title to your car, when you pay off the car loan.

That's why the attorney wishes to make out a new one, and will probably want you to sign off on it when he gives you the check.