how to find a will if attorney unknown

What happens if you don't find a will?

If your best efforts don't uncover a will, it's not a problem. Other documents—for example, living trusts, pay-on-death beneficiary designations, or joint ownership deeds—will give you at least some of the instructions you need, and state law will supply the rest.

What is a codicil in a will?

A codicil is a document that revises or adds to a will. These days, codicils are rare. Most wills are created on computers, so people who want to change something commonly make a whole new will, which takes the place of all earlier ones.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. As executor, one of your first jobs is to find the deceased person's will, if there is one. Once you get your hands on the original, signed will, keep a close eye on it.

Do you need a copy of a will to probate?

Handwritten, unwitnessed wills, which are valid in about half the states, may look more like letters or lists. If you plan to take the will through regular probate, you need the actual document the person signed. Courts generally do not accept copies. Also keep an eye out for:

Can you sue someone for a will?

You should get a lawyer's advice before you go down this path. If you have good reason to think that someone has the will but intends to hide it, you can sue to force the person to file the will. A lawyer should be able to help you assess your likelihood of success.

Can a will be found?

Sometimes, everyone knows a will was drawn up and signed, but it simply can't be found. You may be left with no will at all, or with an old one that you believe the lost one revoked.

How to find a will in a house?

If you're sure the will isn't in the home, here's how to find a will in six steps: Contact their attorney. Search a will registry.

Where do you keep a will?

However, many people keep their will with other important papers in their desk, drawer, or file cabinet. If possible, literally rummage through the decedent’s papers and personal belongings.

What happens if someone close to you dies?

When someone writes a will, it ’s usually given to an attorney, stored in a safe place or hidden.

What is a will registry?

A will registry is a service that a person uses after writing a will.

Can you locate a will that you are not sure exists?

Trying to locate a will that you are not even sure exists can seem like trying to grasp the wind. However, when people draft wills, they usually do the same things with them:

Can a probate court accept a copy of a will?

People who go to an attorney to draft their will usually leave the original, executed version of their will with their attorney. A probate court will not accept a copy of a will—it will only accept the original.

What to do with a living will?

In a living will, you outline what treatment you want and what treatment you don’t want if you ever become incapacitated and can’t speak for yourself. With a medical power of attorney, you appoint someone to make decisions for you should you become incapacitated.

How long does a lawyer consultation last?

These usually last between 15-30 minutes. You should call the lawyers and ask to schedule a consultation. Be sure to ask if there will be a fee. Some lawyers provide a free initial consultation. Often, if a lawyer charges a fee, then she will charge a reduced fee. Ask before scheduling the consultation.

How to get a referral for a lawyer?

1. Contact your bar association. You can get a referral by calling or emailing your state or local bar association. You can find your bar association by typing your state or city and “attorney referral” into an Internet search engine.

How to become a specialist in law?

To become a certified specialist, lawyers generally must commit a certain percentage of their practice to the field and take continuing education courses. Most states also require that the lawyer pass a written exam. Membership in lawyer organizations. There are several organizations for lawyers who write wills.

Who is Clinton Sandvick?

Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 5,451 times.

Where do you file a will in Michigan?

This filing typically occurs in the probate court, in the County in which the decedent resided .

Can a copy of a will be found?

Testator had not revoked or destroyed the original prior to death. When a copy can’t be found, one common problem that many run in to is attempting to explain to the Court what a decedent said they wanted prior to death.

How to help a deceased person?

Ask them if they know about events in the deceased's life that would have required legal representation, like an arrest or a lawsuit. Follow up on any leads.

What documents require notarization?

Signatures on deeds, divorce settlement agreements and affidavits are examples of documents that require notarization. If the deceased's signature was notarized, that means that he signed the document before a notary public.

Where to look for a will?

1. Search the house. It sounds obvious, but the first place you should look is at the deceased's home, as many people store their Will (or a copy of it) in their home. If you know of a safe in the deceased's home or secure locked drawers where they kept paperwork, then this would be a sensible place to start.

Who is the executor of a will?

The Will firstly appoints an Executor, who is the individual with the legal authority to administer the Estate. The Executor may have to obtain a Grant of Probate to carry out their duties in full. The Will then names Beneficiaries and sets out what they should inherit from the Estate.

What happens when someone dies?

When someone dies, arrangements have to be made to administer their Estate. This includes dealing with their house, bank accounts, investments and tax affairs, and ensuring that whatever is left is correctly distributed to those entitled to inherit it. Many people will write a Will during their lifetime, which is a legal document setting out how ...

What happens if a deceased person uses a solicitor to write a will?

If the deceased used a Solicitor or other professional to write their Will, it is possible that this professional would still be storing the Will for them. Get in touch with their Solicitor (or ring around multiple Solicitors if you're unsure of who they used).

Do banks store wills?

Sometimes banks store Wills and other important documents (such as property deeds) on behalf of individuals. If you are the Executor of the Estate , you could ask the deceased's bank if they have a copy of the Will. If they do, then you can request this from them.