how do i find an attorney for lost documents

by Mrs. Alexanne Koepp 8 min read

What do you do if you lose your documents?

Lost your property documents? Here's what to doFile a police complaint immediately. ... Publish an advertisement. ... File an application for share certificate. ... Register with the notary. ... Get the duplicate sale deed.Jan 5, 2014

What do lawyers do when lost?

If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.Apr 22, 2019

How do I present my case to my lawyer?

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.Jun 15, 2013

Does my attorney have to give me my file?

Most documents held by your lawyer that relate to the case are yours—ask for them. In some states, however, a lawyer may have some rights to a file until the client pays a reasonable amount for work done on the case.Jun 7, 2018

What is a revocable trust?

A Revocable Living Trust is a legally-binding document that details the management, control, and distribution of someone's assets during life and after death. It is revocable, as the contents of a Trust change throughout someone's life. The Trustor, or creator of the Trust, maintains ownership of it until they die.

What happens if you cannot find a trust document?

If you cannot find a loved one's Trust documents, you may end up in Probate Court. Avoiding Probate Court is a specific benefit of creating a Living Trust, so this outcome wouldn't be ideal for anyone involved.

What is the purpose of a trust?

A Trust is a way to transfer assets and property after someone's death outside of Probate Court. This is the court system responsible for settling Wills, Trusts, Conservatorships, and Guardianships.

How to keep a trust document safe?

Here's how you can keep your Trust documents safe: Make copies: Once you complete and finalize your Trust, make several copies. Keep one at home, one in your office, and anywhere else you spend a significant amount of time. You might also consider giving your Trustees copies of your Trust.

How long does it take to create a living trust?

With Trust & Will, you can create a Living Trust online in no time—less than 15 minutes, in fact. You can only have one set of Trust documents. If a Trust is lost, it may be presumed to be revoked. If you create a new Trust and find the old one, the Trust with the latest date will replace the others.

Can a trust document go missing?

It isn't uncommon for Trust documents to go missing. You think it's safe in one place, that you've taken care of where your assets will go in life and after death, and that you can relax. That is until you go to look it over or update it, and suddenly, it's nowhere to be found.

Can a trust be locked in a safe deposit box?

Trust documents are frequently misplaced, lost during moves, accidentally thrown out, or destroyed. A Trust can also get locked inside a safe deposit box if it's closed out after someone's death. Ironic, considering people tend to put their Estate Plans in a safe deposit box for safekeeping. Alternatively, if a loved one has died ...

What to do if you can't find your original trust documents?

If you’re unable to find your original documents, your best option is to find a new attorney and revise your estate plan. You can do a trust restatement in which it will be stated that the new terms of the trust supersede or replace any prior terms.

Where are trust documents kept?

In some cases, the original trust documents are kept in the drafting attorney’s safe , and the client is provided with copies of the signed documents. When the drafting attorney moves or retires, the original documents can be returned to the client or transferred to the attorney who is taking over the practice.

Do investment advisers have copies of trusts?

So, your investment adviser may be able to provide you with a copy. In addition, your tax preparers and accountants should have copies of the trust agreement along with a copy of your will in their permanent files. Avoiding probate and keeping the terms of the living trust private are two big reasons why people choose to create them.

Can you go to probate court to get a copy of a living trust?

Avoiding probate and keeping the terms of the living trust private are two big reasons why people choose to create them. So, you can’t go to a probate court to obtain a copy of the document. And $995 for couples.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

What to do if your attorney is in violation of ethics?

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. Report Abuse. Report Abuse.

What happens if an attorney doesn't surrender a file?

If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association. Report Abuse. Report Abuse.

Where to get Armand Fried?

Armand Fried (Unclaimed Profile) If you can't get them from your attorney, then the only place to get them is at the courthouse. You can try making an application to proceed "in forma pauperis" meaning you have no money and ask that the fees be waived. * This will flag comments for moderators to take action.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

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.

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.

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 ...

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.

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