An accountant may know who your father's lawyer is. In any case, your father should have either the original will or a copy so check safe deposit boxes and file cabinets. If you can't find the will, an ad in the New York Law Journal may be a good start, but not all lawyers read the Journal much less the classified ads.
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Oct 10, 2009 · If you know the name of the attorney and the state in which he/she practices, go online for your answer. In other words, go to the relevant state bar website, look for the member directory search, and follow the prompts. I am not sure about other states, but Michigan has a member directory search link on the home page...
Aug 13, 2012 · The easiest way to find out about a will or trust is to ask your father's wife. I'm guessing that she is not your mother and the relationship may not be perfect between you and her. You could engage an attorney who could place an ad in the local bar news requesting information about a will or trust. This is done quite often.
Finding the lawyer requires research and detective work, but public records often aid the search. Courthouse Search Go to the county courthouse in the county where the deceased person lived. Search the civil litigation, family law and criminal court records by party name to see whether any records contain the deceased person's name.
Mar 10, 2017 · A: Call around and interview people, like you would hire a plumber. However, it is not required, and in fact I would even discourage, an attorney executor. We do it if people want, but it is really better to have someone that really knows you and your family, so your wishes are carried out by someone who is involved with your life.
The executor of the will—the person the will names to take charge of the person’s affairs when the time comes—is the person who should take custody...
Whether or not a probate court proceeding is planned, the person who has possession of the original will must file it with the probate court after...
Lots of Americans—more than half, by some estimates—don’t leave a will. So if you can’t find one, the reason may simply be that the deceased person...
Generally, a Will must be filed in the probate court within 10 days after death - - - but this is often ignored until an estate is opened. It may be that your father had a trust and transferred all of his assets to his trust to avoid probate and to keep the knowledge of his assets private.
There is no simple way to find a will that hasn't been probated. If you have access to your father's papers, see if you can find anything with a reference to a lawyer or even an accountant. An accountant may know who your father's lawyer is. In any case, your father should have either the original will or a copy so check safe deposit boxes and file cabinets. If you can't find the will, an ad in the New York Law Journal...
You have been given some good practical advice. Legally, I suggest that you file an administration proceeding to be appointed as administrator. Your father's wife will get notice and if she has a will that benefits her, she will come forward with it and ask to be named as Executor. You can also do a petition to compel the production of a will, but this is more costly and you do not have enough information. You should...
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.
Place an ad that asks any lawyer who represented the deceased to contact you, and list your email address, your telephone number, and your postal address .
If you don't find anything, consider these possibilities: Safe deposit boxes. Many people follow the common advice to keep their wills in their safe deposit box. This keeps the document safe, but it's usually a bad idea for other reasons, which become obvious as soon as you need access to the box and can't get it.
If you think that's the case, call the lawyer to notify him or her of the death. The lawyer will then be required to file the will with the probate court, and you can get a copy. If you know the lawyer's name but don't have contact information, you can probably find it online or get it from the state bar association.
These handwritten wills are called "holographic" wills and are valid in about half the states. For your state's rule, see " Holographic Wills .". While you're looking, also pay attention to: Codicils. A codicil is a document that changes or adds to the terms of a will.
If you have reason to believe that someone has the will but doesn't want to produce it, you can ask the probate court to order that person to deposit the will with the court. But talk to a lawyer before you go to court—or mention the idea to anyone you suspect of hiding the will. Talk to a Lawyer.
By law, most states require that you deposit the original will with the probate court in the county where the person lived within 10 to 30 days after it comes into your possession.
If the bank won't cooperate, you can go to court and ask for an order allowing you access to the box solely for the purpose of finding the will. The deceased person's lawyer. If the deceased person hired a lawyer to draft the will, the lawyer may have the original signed document or a copy of it.
After a loved one dies, the person who will be wrapping up the estate needs to look for the deceased person's will, and keep it safe once it's found.
If your wills are in your attorney’s safe, you do not have to worry about losing them. You may even be concerned that certain family members may go so far as to destroy your will to get a larger inheritance. If the will is in your attorney’s safe, that will not happen. In your case, this backfired.
A lot of attorneys offer to keep the original wills they prepare for their clients, at no charge. They do this so they can probate the estates of their clients. When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page.
Having a successful working relationship with a lawyer, however, takes more than legal knowledge. So pay attention to how clearly the lawyer explains the process, how well the lawyer listens to your concerns, and how respectful the lawyer is. Make sure you're signing up with someone who: Communicates clearly.
You want to find someone you're comfortable with. You do not have to use the attorney who drew up the deceased person's will; the fact that the deceased person employed a particular lawyer doesn't obligate you to hire the same person to represent the estate.
Some lawyers just can't seem to talk in plain English. If you can't understand what the lawyer is talking about and don't get good explanations when you ask for clarification, look elsewhere. Respects your efforts to educate yourself.
Most proba tes consist almost entirely of routine paperwork. And if you are interviewing lawyers who were personally recommended to you by friends or other local professionals, they're probably competent. Having a successful working relationship with a lawyer, however, takes more than legal knowledge.