find lawyer who drafted moms will

Assuming he hasn’t died, you might be able to track down the lawyer who drafted the 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.

Full Answer

What to do if you think a lawyer drafted a will?

You can! Most people don’t realize that they don’t have to wait for their parent’s permission to craft a Will for them. Our Wills don’t require much information, usually just the following: Testator’s name, address and the last four digits of their social security number Names and birthdates of all children Names of the Executor […]

Why can't I find a will for a deceased person?

Jun 09, 2013 · Avvo Rating: 8.9. Divorce / Separation Lawyer in Fremont, CA. Reveal number. tel: (510) 797-7990. Private message. Call. Message. Posted on Jun 10, 2013. IF your mom had real property and transferred it to the trust, there is a good chance the notary signing the deed also notarized the trust.

How do I hire a local will attorney?

If you want your property to go to specific people after you die, to name who will be responsible for making sure your wishes are carried out, or to avoid probate, a wills lawyer can help. Use FindLaw to hire a local wills lawyer near you to prepare a will tailored to your circumstances like living wills -- also known as an advance directive or ...

Do I need a Wills lawyer?

Assuming he hasn’t died, you might be able to track down the lawyer who drafted the 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 ...

Who Should Lead The Search?

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...

Filing The Will: It’S The Law

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...

What If You Can’T Find A Will?

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...

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 ...

Can a lawyer draft a will?

If the deceased person hired a lawyer to draft the will, the lawyer may have the original signed document or a copy of 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.

Who is the executor of a will?

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 of the will. But there's a Catch-22 if you don't know who the executor is until you find the will and read it. Generally, the people who were the closest to the deceased person look for ...

What is a handwritten will called?

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.

What is a codicil in a will?

A codicil is a document that changes or adds to the terms of a will. Most people who want to make significant changes to their wills just revoke the old will and make a new one, instead of adding a codicil, but you might find a codicil. Lists of personal property.

What is a personal property memorandum?

This kind of list—the legal term in most states is a "personal property memorandum"—is easier to make than a will, because it doesn't have to be signed in front of witnesses. It can be used to tangible personal property items, which means items like books, cars, or furniture, or heirlooms.

What happens after a loved one dies?

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.

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.

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.

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.

Notary Public Search

Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized. Go to the county assessor's office in the county where the deceased person owned real property and search for notarized deed records.

Interviews and Advertisements

Talk to friends and neighbors who knew the deceased well. 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.