after you complete a will where is it if the attorney retired

They may know about your lawyer’s whereabouts. According to legalzoom, if a lawyer retires or dies, it is the responsibility of the staff to mail you the original will. However, if they retire, they may have transferred the will to another attorney or the probate court for safekeeping while giving notice to the state bar association.

Full Answer

What happens to a will when a lawyer retires?

In some cases, the wills are transferred in bulk to another law firm when a lawyer retires, and similar notices are made.

Can I ask a lawyer where a will has been placed?

Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents. However, this might not do you much good if you can’t find the attorney to ask where he placed the will. You'll have to do a bit of detective work instead.

What if you can't find a will for a deceased relative?

What do You Do if You Can't Find a Will for a Deceased Relative? If your loved one left his last will and testament with his attorney for safekeeping, the attorney can’t toss the will into a trash bin when he decides to retire or close his office.

What happens if you can't find the Attorney for probate court?

If you can’t find the attorney, you’ll have to figure out where he might have placed the will when he stopped practicing. Some state probate courts accept wills for safekeeping before the testator’s death.

What to do if an attorney is retired in New York?

Although I'm not licensed to practice law in New York, in general, if the attorney is retired, you may contact the state or local Bar Association to see if there is an attorney who took over his or her practice. If the attorney is deceased, the local court will often appoint an "inventory" attorney to take possession of the files and to contact those clients where possible. So, you may wish to contact the local probate court to see if an inventory attorney was appointed. Good luck.

Can a will be filed with a surrogate court?

Wills are rarely filed with a surrogate's court but that is the first place to look. You should consult with an attorney to determine what happens if an administration proceeding has to be filed as it is possible that the residuary beneficiaries under the Will are the same people who would inherit in intestacy.

Barry K. Fine

While a copy of a will is probatable in most circumstances, the legal fees of a cost of a proceeding to admit a copy to probate far outweighs the cost of having a new will prepared. I agree with the prior posts, have the will redone and stored in the attorney's fire proof vault.

Sharon M. Siegel

That will not be good enough when you die. You need the original Will for probate purposes. As the previous poster indicated, hire a new attorney, prepare a new Will revoking all prior Wills and have that attorney hold the original in a safe. Alternatively, you could keep the original in a safety deposit bank or a safe of your own.

Maria C. Tebano

You really don't want to leave your heirs in the position of having to worry about whether a Surrogate's Court will admit a copy of the Will to probate. Your prior attorney may have filed the original will with the Surrogate's Court in White Plains (assuming that you reside in Westchester County). Check with the Court and see...

Michael Evan Greenspan

You should go to a new attorney and get a will executed right away. You can have your new attorney keep the new will in a will vault or you can have the document filed with the Surrogate's Court.

Richard Albert Luthmann

Copies of wills are always a problem. If you can't locate the original, then take your copy to a new lawyer and have them do another one with the same provisions. It probably needs to be updated anyway.

Where to store a will?

Many individuals believe the safest place to store a will is a safe deposit box. However, different states have explicit laws as to when a safe deposit box can be opened upon the owner's death and what documentation is required to open it. For example, in Virginia, a bank will allow a safe deposit box to be opened for the purpose of locating a will, but other states require the executor of the will or family members to obtain a court order to open the box. If you do choose to use a safe deposit box to store your will, make sure your executor and beneficiaries know exactly where the safe deposit box is located, and don't forget to grant the executor the legal authority to take possession of the will upon your death.

What is the purpose of a will and testament?

A will is a signed and witnessed written document that specifies, among other things , who is to receive their last possessions at the time of death. This can include real estate, bank accounts and personal belongings. When the person who made the will passes away, an executor is appointed, whose duty it is to ensure the terms of the will are carried out.

How to find out if a lawyer drafted a will?

Call your state’s bar association to find out if it still has contact information for him. Check the phone directory for personal listings of people with the same name. Attorneys don’t often list their home phone numbers, even after they’ve retired, but if you can reach a relative and explain your situation, she might be willing to have the lawyer call you. You can also contact other local attorneys, especially those who practice estate law. Lawyers are often a tight-knit group and some of them may have stayed in touch with him. You can also search for information online and in the newspaper. The attorney may have made a major contribution to a charity recently or won a golf tournament. If you can find mention of him, the website or newspaper might have interviewed him. Contact them and ask if they know where you can reach him.

What happens if you don't find a will?

In most states, if you fail to locate a will, the law presumes that it’s because your loved one revoked it before his death by destroying it. The court will probate his estate as though he died intestate -- that is, without a will. However, if you were able to find a copy, you can try to convince the court to honor it.

What to do if you can't find an attorney?

If you can’t find the attorney, you’ll have to figure out where he might have placed the will when he stopped practicing. Some state probate courts accept wills for safekeeping before the testator’s death. If yours does, call the court to see if the attorney transferred possession of the will to the court. If not, the court might have knowledge of ...

How to find out if an attorney has made a major contribution to a charity recently?

You can also search for information online and in the newspaper. The attorney may have made a major contribution to a charity recently or won a golf tournament. If you can find mention of him, the website or newspaper might have interviewed him. Contact them and ask if they know where you can reach him.

Can a lawyer toss a will into the trash?

If your loved one left his last will and testament with his attorney for safekeeping, the attorney can’t toss the will into a trash bin when he decides to retire or close his office. Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents.

Can an attorney call you after retirement?

Attorneys don’t often list their home phone numbers, even after they’ve retired, but if you can reach a relative and explain your situation, she might be willing to have the lawyer call you . You can also contact other local attorneys, especially those who practice estate law.

Can you find the original will of a loved one?

This can be important if you don't find the original. If you can't find the attorney, and if you can’t determine where he put his documents when he stopped practicing, consider what your loved one might have done ...