how to find a deceased parent's lawyer

Finding the lawyer requires research and detective work, but public records often aid the 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.

Full Answer

How do I find out if a deceased person had an attorney?

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.

What happens if the lawyer for a deceased person dies?

Mar 20, 2016 · If you need a copy of your case file, if any, then I would suggest some of the following - contact the lawyer's licensing board for information on who took control of the attorney's files; contact the lawyer's law partner (if s/he had one); finally try contacting the county court administrator where your attorney lived and ask for the name of the personal …

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

Aug 13, 2012 · If the assets appear to be in the name of the trust, you can usually find out the lawyer's name and contact information from the face of the Deed. That does not mean that you would be entitled to a copy of the trust, at this point. You probably would not be. But it will give you a better idea what you are dealing with.

Where to file a will for a deceased person?

Sep 20, 2021 · Step 1: Look through your loved one’s personal property. Most people keep their personal property at home. Within the home, there often are documents and items that identify what property the decedent owned. One of the first documents you should look for is a will.

What steps might you take to find the will of a decedent?

Step 1: Contact their attorney. ... Step 2: Search a will registry. ... Step 3: Ask family and friends. ... Step 4: Look in a bank or safe deposit box. ... Step 5: Check in with the nursing home. ... Step 6: Inquire at the probate court.Jul 14, 2021

What happens to my mom's house when she died?

If a homeowner dies, her estate must go through probate, a court-supervised procedure for paying the debts and distributing the assets of a deceased person. The home might be sold to pay debts or it might pass to a beneficiary or an heir.

Who is the owner of property after father death?

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.

How much does an estate have to be worth to go to probate?

Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.Dec 17, 2021

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 find a will that hasn't been probated?

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...

How long does it take to file a will after your father dies?

You didn't indicate how long ago it was that your father passed away . 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 ...

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.

What happens if someone close to you dies?

When someone writes a will, it ’s usually given to an attorney, stored in a safe place or hidden.

Where do you keep a will?

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.

What is a will registry?

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

Can you locate a will that you are not sure exists?

Trying to locate a will that you are not even sure exists can seem like trying to grasp the wind. However, when people draft wills, they usually do the same things with them:

Can a probate court accept a copy of a will?

People who go to an attorney to draft their will usually leave the original, executed version of their will with their attorney. A probate court will not accept a copy of a will—it will only accept the original.

What are the two types of life insurance policies?

Types of Life Insurance Policies. The two types of life insurance policies are whole and term. Whole life insurance policies, or annuities, are slowly accumulated through savings over the lifetime of a person.

Is term life insurance tax deductible?

Policies of this type are entered into contractually and are tax deductible. Term life insurance policies cost less over the lifetime of the person, but offer no coverage once a person stops paying. Term life insurance is typically paid on a monthly basis.

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.

Article Sources

New York State Unified Court System. " Last Will and Testament ." Accessed Feb. 14, 2020.

Do 401(k) plans have beneficiary designation?

Possibly. Usually, 401 plans have a beneficiary designation. You should be able to present them with a death certificate and a claim form. If she elected to have her estate as the beneficiary or there are no "default" beneficiaries, then you would have to go through the probate court to resolve this.

Can 401(k) be passed through probate?

If you are not listed as beneficiary, they will likely refuse to give you any information. If there is no beneficiary on the account, then the 401k would need to pass through probate. That would be unusual.