The most common reason for trying to locate a deceased person's lawyer is to find out whether the person ever made a last will and testament. The deceased's property should be distributed according to her wishes, and the best way to determine those wishes is through her will.
May 15, 2012 · There is not enough information provided to give you a complete answer. You can check with the probate court to see if a Will was filed for safekeeping, but this is often NOT done. If you know who your mother's lawyer was, you can try to find out if there was a Will prepared.
Dec 12, 2011 · 3 attorney answers Posted on Dec 14, 2011 The will most likely names an executor. Aside from contacting the Surrogate you can get in touch with the named executor. This answer does not constitute legal advice. This advice is based on general principles of law that …
You can start by looking through the deceased’s possessions and documents for a will, but in many cases, the will may be stored elsewhere. You can check with the bank where the deceased had his or her accounts – the will may be stored in a safe deposit box. You can also check …
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 …
The will most likely names an executor. Aside from contacting the Surrogate you can get in touch with the named executor.
Mr. Smeltzer's advice is sound. In answer to your last question, "the State" does not have the duty of notifying family of a death. It sounds as though you had not been in touch with your mother for some years, so perhaps she changed her will and you were no longer included as a beneficiary.
Your first step should be to visit the Surrogate's office for the county in which your mother lived to determine if any proceeding was commenced. A review of the probate file, if any, may answer most of your questions.
You will need a death certificate to claim certain benefits, and for the estate process as well. If you need additional copies of the death certificate, you should contact your local Department of Vital Records.
You should also contact an estate attorney about the notification process, including required death notices in the local newspapers and elsewhere. This will provide the notification you need to protect yourself legally and prevent others from contesting the estate.
The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.
If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.
Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.
The best way to protect the assets is to open the estate right away. The court will name an executive or personal representative, and that individual will be charged with protecting the assets and distributing them in accordance with the wishes of the deceased.
There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...
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. If the deceased ever sued someone, got sued by someone, got divorced, got arrested or cited for a traffic violation, the county courthouse should have a file on the event. Ask employees at the records clerk's office how to locate and access the file. Once you have the file, search it for the name of any lawyer or law firm that is listed as attorney of record for the deceased. Copy this information.
Call the lawyers who represented other parties in any lawsuits or disputes in which the deceased was involved. Opposing lawyers may remember whether the deceased consulted a lawyer whose name may not have made it on to final documents.
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. 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 you find a notarized signature, make note of the name, location and commission number of the Notary Public.
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.
Call the contact telephone numbers that were listed for the attorneys whose names you found in the court records.If the telephone numbers are invalid, call the state bar association for the state in which the lawyers practiced and ask to speak to the person in charge of membership records. If the lawyer is still a member, the state bar association should have her contact information.
Your mother is the one you turn to when you break up with your first boyfriend or girlfriend, when you need advice or when you have a problem. Your mother is not only your greatest advocate, she is part of you. You might even look like her. She might be your best friend as well as your mother. It is like losing a part of yourself.
The importance of support after the loss of your mother. If you are lucky enough to have a close family member or friend in whom you can confide , you may be able to grieve without needing any extra help. Some people, for various reasons, may need some more professional guidance if they get stuck in their grief or don't have any close support ...
Not because they loved them any less, but the bond between mother and child is a special one. Your mother gave birth to you. She fed you and nurtured you throughout your childhood. The mother is one who tends to have the most responsibility for the care of the child, and is at home with the children more often than the father in most cases.
No-one is ever as interested in everything you do as your mother, or as proud of you.
Although the loss of a parent is a normal part of growing up, and it happens to everyone, it is no less devastating. But many people are surprised at how much it affects them. Their friends and family perhaps won't realise just how big a blow it can be, especially if they were old or ill for a long time and it was expected.
Your first stop should be the courthouse in the county where your dad resided. If an executor has been assigned to his estate, they'll have a record of it. They'll also be able to tell you how to contact the executor.
If no one has been assigned, you can apply to the court to become the executor. If you're the only living relative, it's likely that they will honor your request. Be prepared to provide some proof of your relationship. Your birth certificate naming your dad as your father should suffice.
Many people keep their safe deposit boxes where they do their banking. Contact any of your dad's former employers. Not only could they know of any pensions or retirement plans, but they might be able to help you contact your dad's co-workers. It's also possible that he had some employer-purchased life insurance.
That's true even if you're a young person. They don't need to know all your financial affairs now -- just that you'd like them to be your executor and where to find a listing of your accounts, safe deposit boxes, assets, debts and your will.
Your birth certificate naming your dad as your father should suffice. If you do become the executor -- sometimes called an executrix, administrator or personal representative -- you'll have access to your father's financial records. But it will also mean that you're responsible for closing out his affairs.
You'll still receive any inheritance due you. But the odds of finding a specific item decrease. You might know someone personally who would help find the inheritance your mother mentioned that an executor from outside the family would not.
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So all you have to do once your parents are gone is request a copy of the Trust from whomever has it. And what if they refuse to give it to you? You have to take action in California court.
The only way to obtain a copy of the Trust is to demand a copy from the Trustee (or whoever has a copy of the documents, if not the Trustee).
Filing a Petition with Probate Court. If the Trustee fails or refusing to comply, then you must file a petition with the California probate court. In the petition, you ask the court to order the Trustee to provide a copy of the Trust documents to you.
In any event, you have the right to see the Trust documents and you need to start the process by asking for a copy of it in writing. You don’t need to write anything fancy, just send a letter, fax, or email and ask for a full and complete copy of the Trust documents, including all amendments. Once you put that in writing, the person who has the documents has sixty days to provide them to you. If they fail to do so, you file in court.
Once you put that in writing, the person who has the documents has sixty days to provide them to you. If they fail to do so, you file in court. It’s just that easy. Well, not always easy, but at least you have an idea of what you need to do.
Just for your information, a trust is not a public record, so it’s impossible to retrieve a trust document from a public office, agency or anyone who is not a beneficiary and doesn’ t have the rights to know about the details your trust.
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.
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).
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.
A will registry is a service that a person uses after writing 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.
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.
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.