after your lawyer dies where can i find a copy of my will

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.

Full Answer

Who gets a copy of a will when someone dies?

Heirs at Law and/or Prior Beneficiaries If the executor or the estate attorney anticipates that anyone will file a will contest to challenge the validity of the will, he might send copies to any heirs at law of the deceased who aren't named in the will.

Where do you find a will after a person dies?

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. You should also check any secret places, like under a bed, in the back of a closet, or in a personal safe.

How do I find out if the decedent’s lawyer passed away?

If you learn that the decedent’s lawyer passed away or retired, the local or American Bar Association may be able to tell you if another lawyer took over and how to find her.

What happened to my will after my attorney died?

After your attorney retired or died, his staff should have mailed the original wills to you and your husband. Of course, they may have tried that. If you moved without telling your attorney, then his staff had no way to return your original wills. If they could not find you, they should have done one of two things.

How to get a copy of a will for someone who is still alive?

If you are wondering how do I get a copy of a will for a person who is still alive, the only way to do so is to ask the person who wrote the will , called the testator. A will is a private document, and no one can be forced to show their will, but the person can share copies with anyone the wish. They may have the will at home, at their attorney’s ...

Where can I get a copy of a will of a deceased person?

Once the testator has died, if that will has been filed with the probate court of the county the deceased reside d in, the court will open the will and it becomes public record.

How to get a copy of a will if you don't know the executor?

You should contact the executor to ask to see it. If you don’t know who the executor is, obtain a copy of the death certificate through the county. The name of the executor is listed on that. But what if you don’t know if you are a beneficiary? You can seek action through your probate court to force the person holding the will to file it for probate. Your state may have a law making it a crime not to file a will.

How to find a will in court?

The best way to view the will is to get the probate court file number . The executor can give you this information. You may also be able to access the file number by phone, online, or in person at the courthouse by providing the deceased’s name and date of death. Some courts don’t even need the date of death and have an online docket you can search ...

What to do if someone dies and there is no will?

If someone in your family dies and there is no will on file with the probate court or with his attorney, you should check the home safe, safe deposit box, files, and any hiding or storage place where the deceased kept important documents. Your family member might have seen an attorney you don’t know about, so keep an eye out for business cards or letterhead from law offices and call to check with those offices.

What is a certified copy of a will?

A certified copy of will is a document that has been stamped and certified by the court to be an exact copy of the official document. It may be necessary to search through the court archives for a copy of will from many years ago. The clerk will tell you how to do this. The will might be on microfilm or in digital format for viewing.

How to get a copy of a will?

Go to the courthouse with the file number and ask a court clerk to see the file. Getting a copy of a will is possible by paying a copying fee. Some courts will also provide you with a copy by fax or mail of a will on file. A certified copy of will is a document that has been stamped and certified by the court to be an exact copy ...

Shawn Reinke

The easiest way to get the date of your divorce is to contact court administration. You should be able to get the information you need with a quick phone call. A google search for " [name of county] family court administrator" will usually get you what you need.

Tricia Dwyer

I'm not sure exactly what records you need. The divorce decree and other limited legal docs' presumably are kept secured by local court admin.' & those records, with appropriate exception, are available to the public. Often the various counties have online info' stating how people may obtain copies of various records...

How to prove a will is lost?

You may be able to prove the existence of a lost will—and perhaps even its terms—to the satisfaction of a probate court by producing the witnesses who signed the will and coming up with convincing evidence of what the will said. You should get a lawyer's advice before you go down this path.

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 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.

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 will?

Lists of property items. In about half the states, a will can refer to an outside document to dispose of items of tangible personal property— that is, anything tangible except real estate. So if you find any document that lists items and who should inherit them, hang on to it.

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.

How to get a copy of a will not filed for probate?

How to Obtain a Copy of a Will Not Filed For Probate. If a deceased person's last will and testament has not been filed for probate, it is consequently not a public court record. 1  Therefore, only named beneficiaries, personal representatives and guardians for minor children would be allowed to see it. And if you're unsure whether ...

Where are wills filed?

Wills are typically filed in probate courts based on the county in which a deceased person lived at the time of his or her death, or the county in which the deceased person owned real estate. 2 . Once a person determines the correct probate court , he or she can see if their loved one's will has been filed, by checking a court's probate docket, ...

Can you see a will if you are still alive?

In truth, if a person is still alive, his or her will is deemed private personal property, therefore no one has the legal right to view it. Even after a person dies, his will may only be viewed after it has been filed for probate, at which time the document becomes a public court record. 1 . © The Balance, 2018.

Is it a crime to not file a will?

In some states it is actually a crime for a person in possession of an original will to not file it with the appropriate probate court after the person in possession of the will learns that the person who made the will has died. It's important to realize, that not all wills succeed in governing the distribution of a deceased person's property.

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.

Can a will be probated?

Your wills are still valid, but they won't do your children much good unless they can find the originals. A photocopy of a will can be probated, but someone could contest the will by claiming that the original was revoked instead of just being lost.

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.

Can a will be revocable after a husband dies?

You may be better off avoiding a wild goose chase and hiring another, younger, attorney to revise your estate plan. Wills do not avoid probate. After either you or your husband dies, the survivor between the two of you can collect the decedent’s estate outside of probate, if you own everything together as joint tenants or as community property with right of survivorship, but when the survivor dies, the estate will have to be probated in the courts. You can avoid probate, and probate fees, by getting a revocable trust. Since you need new wills anyway, you should see a new attorney who can advise you on all of your options.

How to find someone's will?

How to Find Someone’s Will in Public Records or Probate Court. If the decedent’s will is already filed with the court, or if probate has already been completed, then the decedent’s will becomes a public record preserved by the court. This means that the decedent’s will is accessible to anyone who wants to see it.

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 to inquire about a will?

If not, you can always inquire with a will registry or with the probate court in the county where the decedent lived. There are always at least six promising places to look or to obtain information that may point you in the right direction.

What is a will registry?

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

Why do you need to find a will?

There are a number of reasons why you may need to find a will: You want to know whether you can file the will in court to begin the probate process. You want to find out if the will has already been probated after death. You know the court has already probated the will, but you want to see what property was left and to whom that person left it.

What happens if a client dies and wants to change the will?

If the client ever wants to change or revoke terminate the will before they die, the attorney will have the most recent valid will to work with. If the client dies, the attorney will know who the executor is ( the executor is the person named in the will to handle the estate of the decedent).

How many wills are lost?

According to the US Will Registry, 67% of wills are lost or misplaced. In all of these cases, there are ways to find these deceased people’s will. Here's how.

What happens if your mother doesn't make a will?

If your mother can no longer make decisions, then no one can make changes to her will not without forging her signature. If there is funny business going on, it is likely that it involves joint bank accounts or other means of transferring money, other than a will. You say your mom has only personal property, so why do you care about her will? If there are no assets to divide up, then the will is never going to be submitted to probate, so it won't ever mean anything. It's possible your sister won't let you see a copy of the will because there isn't one. You probably should discuss this with a lawyer who represents you, see if there is anything you need to be doing now.

Is a will private until the person making it has died?

Wills are private until the person making them has died. If you believe she has been changing the will then you should consult an estate planning attorney as well as your local elder abuse authority.

Can a sister change her will?

Sister cannot legally change the Will and her lawyer friend could get disbarred if involved. Ask the lawyer directly. If refused, you can petition to be appointed guardian, then they have to give it to you.

Can someone make a will while they are alive?

While someone is alive, you do not have a right to the Will. However, if you state that your mother is incompetent, you do have many issues and should contact a lawyer to find out what steps you need to take to help your mother - specifically along the line of guardianship and to obtain a legal conclusion of her competency. Another person cannot make a Will for someone and doing so with a POA would not be acceptable.

Can you get a copy of a will if your mother is alive?

Unfortunately, while your mother is alive, heirs at law have no power to receive a copy of the will unless you file an action in State court alleging undue influence against your sister.

Can my sister change my mother's will?

Suggest you seek the services of a probate lawyer to make a demand upon your sister for production of the will. Even though your sister has POA, she cannot unilaterally make changes to your mother's will.

Can a POA change a will?

Generally, a person with a POS cannot change the will; I would be surprised if that happened. As long as you are not the POA, you do not have a right to see the will.