how would we find out what attorney has a will on some one that has passed away

The deceased person's lawyer. If a lawyer drafted the will, that lawyer may have the original or a copy. If you don't know the lawyer's name, go through checkbooks for the last few years and look for payments to an individual lawyer or firm.

Full Answer

How do I find a lawyer who represents a deceased person?

Jul 14, 2021 · If someone close to you has died and you are trying to find out about a will, there are several logical places you can look and some people you can ask for information. When someone writes a will, it’s usually given to an attorney, stored in a safe place or hidden.

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

May 10, 2013 · You have to scour all the place where he stored or kept documents and hope to find something. Look at his banking records and checks if he kept them and see if you can see any payments to any law firms. You could also try placing an add in a local law publication and hope that the drafting attorney sees it.

How do I get a will for a deceased person?

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.

How do I find a will in public records?

Sep 08, 2016 · 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. That attorney is more likely to pick up the probate than anyone else. A locked filing cabinet full of wills is a potential goldmine of future probate work.

Kelly Scott Davis

You may have mistaken his comment to mean he "had all his affairs in order" when he actually meant that he was mentally and spiritually ready for what was to come. However, your probate attorney will advertise in the local Bar associations to try to a) locate his estate planning attorney, or b) see if anyone can recall where the will might be.

Carol Anne Johnson

I agree with Mr. Zelinger Unfortunately there is no registery or other way to track the Will down. You have to scour all the place where he stored or kept documents and hope to find something. Look at his banking records and checks if he kept them and see if you can see any...

Charles Adam Shultz

Hard to say where his will is. This is an issue for many people.

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.

What is a state bar ad?

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 .

Can you lose a will in your attorney's safe?

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.

Do attorneys keep wills?

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.

How to find out if someone has a will?

You have several options to find out if someone had a will: 1 Ask family members and friends. Many times after someone executes a will, they give the original will to a close friend or family member for safekeeping. Or, they might tell a friend or family member that they have made a will, what that will generally says, and where they have the will stored. 2 Contact their attorney. If you know that the decedent used a certain attorney, either to draft the will or for some other purpose, you can call the attorney and ask if they prepared a will for the decedent. The attorney might not tell you what the will says, but they will likely disclose whether a will was prepared. 3 Look through their house. Do not limit yourself to the decedent’s desk or where you think they kept important papers. Sometimes people hide their wills to keep them “safe.” Wills have been found behind furniture, inside walls, under mattresses, in freezers, and even inside vehicles. The point is, look everywhere to find out if someone has a will in their home. 4 Attempt to access safe deposit boxes. Many people maintain a safe deposit box at a bank, and keep important documents and items in the box. If you know where the decedent banked, contact the bank and ask if they had a safe deposit box.

What happens if you can't find a will?

If you cannot find a will among the decedent’s possessions or filed with the court, this does not mean that no will exists. The decedent could have used an attorney that you are not familiar with, and the attorney may have the will. Eventually, when the attorney learns of the decedent’s death, the attorney will be required to file any original will ...

How to find out if a decedent is a resident of a county?

Determine in what county the decedent resided. A decedent’s estate is probated in the county where the decedent was a resident. Go to the clerk of court website for that county and look up decedent’s name. Most courts have a website. You can likely find it by typing in something like: “ ( name of county, state) clerk of court.”.

What is a document in probate court?

File a document in the probate court entitling you to notice when someone tries to open the decedent’s estate. In many states, if you are interested in being notified when someone tries to open up a probate for a decedent, you can file a document entitling you to notice. For example, in Florida, this document is called a caveat .

Can you find someone's will after death?

Not unless they are filed with the court, which happens after death. Just because someone makes a will, does not mean that you will be able to find it in the public records. People do not file their wills with the court during their lifetimes. Other people file someone’s will after that person’s death.

Does not finding a will mean it is not going to be filed?

Just because you did not find a will filed when you first looked on the clerk of court website, does not mean that will is not going to be filed. You can regularly monitor the clerk of court website for any will filed, or probate opened, in decedent’s name.

Can an attorney tell you what a will says?

The attorney might not tell you what the will says, but they will likely disclose whether a will was prepared. Look through their house. Do not limit yourself to the decedent’s desk or where you think they kept important papers. Sometimes people hide their wills to keep them “safe.”.

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 to do if someone has a will but is hiding it?

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. Obviously, someone up to no good might promptly "lose" the will if pressured.

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.

What to do if a bank won't cooperate?

If the bank won't cooperate, you can ask the probate court for an order allowing you access to the box only for the purpose of finding the will. (If you don't know whether or not the deceased person rented a box, call the banks where the person had accounts.) The deceased person's lawyer.

What to do if you don't know the name of a lawyer?

If you don't know the lawyer's name, go through checkbooks for the last few years and look for payments to an individual lawyer or firm. If you know the lawyer's name but don't have an address or phone number, call the state bar association or check its website.

Who do you turn over a will to?

In most states, the law requires anyone who has possession of a will to promptly turn it over to the executor named in the will or to the local probate court. The local probate court. It's not common, but some people deposit their wills with the probate court while they're still alive. The legal community.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

John C. Farrell Jr

If he was a solo practitioner as you suggest, I have serious doubts you will find anything after 20 years. We have a weekly newspaper called Lawyers Weekly. www.masslawyersweekly.com. Often, people looking for old or lost wills post an ad about it in that paper.

Thomas J Callahan

Since you listed the practice area as "wills," I'll assume you're looking for a will. First, check with the Registry of Probate to see if your will was filed there for safekeeping. If you know what town he resided in, you may want to check with the appropriate Registry of Probate and find out who was the executor of his estate...

E. Alexandra Golden

It depends on what records you are looking for. I would start by calling the office he worked and see if they retained any of your documents.

What happens if a will cannot be found?

The legal presumption is that, if an original will cannot be found, then it was deliberately destroyed —in other words, it was revoked by the person who signed it. Therefore, it is assumed that any remaining copies were meant to be destroyed or revoked as well.

What happens if you die without a will?

If a person dies without a will (i.e. “intestate”), each state provides specific guidelines for who can be appointed to administer their estate. The state’s intestacy laws are used as a makeshift will to determine which heirs are entitled to property and the size of the share they each receive.

What is the purpose of a last will and testament?

A last will and testament provides detailed instructions for distributing an individual’s assets and belongings after they die. It also names a trusted person to oversee this process known as the “executor” or “personal representative.”. If a person dies without a will (i.e. “intestate”), each state provides specific guidelines for who can be ...

Can a family follow a will?

A will addresses both these concerns, but a family cannot follow the instructions it contains if the document cannot be found. Locating a late loved one’s will is crucial for completing the probate process in accordance with their wishes.

Can a bank open a safe deposit box?

This can cause problems if the will maker is the sole owner listed on the box. Bank regulations typically allow for temporary access to safe deposit boxes for the sole purpose of removing a will under the supervision of a bank employee, but some states may require a court order to open the box.

Can you find out what someone owned when they died?

Well, there is no central registry that you can go to and determine everything that someone owned when they died. But there are both informal and formal ways that you can dig and determine what someone owned on the date of their death.

Does Dad own additional accounts?

People are questioning the fact that Dad owned additional accounts. Once Son works with the lawyers and the court system to get confirmed as the executor, the courthouse will issue certified copies of Letters of Independent Executorship.

Can you find someone's assets after they die?

If they owned financial accounts, it's likely they may received account statements in the mail. And then there is the formal way to discover someone's assets after they died. Let's use an example of Dad, who died with a last will and testament. Dad names Son as executor.

Are Wills Public Record?

See more on probatestars.com

How to Find A Will in Public Records

What If You Cannot Find A Will?