how to find the lawyer of deceased person

by Morton Jenkins 9 min read

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.

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 lawyer has died?

If the lawyer is still a member, the state bar association should have her contact information. Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized.

What if I don't know the name of the decedent’s attorney?

If you don't know the name of the decedent’s attorney, you should ask family members and friends if the decedent might have had an attorney. If they don’t know, search the decedent’s personal belongings for either a will or any evidence of dealings with an attorney or a law firm.

Can a notary public tell you who the deceased person's lawyer was?

If that is the case, the Notary Public can tell you who the deceased person's lawyer was. Even if the Notary Public did not work a law firm that represented the deceased person, she may have information about whether the deceased person was represented by a lawyer at the time she notarized his signature; if so, she may remember who the lawyer was.

How to find out about a will if someone dies?

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.

image

How to find a deceased person's will?

How do I find a deceased persons will? Check in your state to see if there is a Wills Registry. It is quite common in Canada for the Province to keep a registry of Wills in Vital Statistics or some similar agency. ( In the USA this will likely be some state agency that will keep such statistics and information). They will not have the will but will have a notice indicating where the last known will is kept. Simple search on the internet should get you started.

What does a client want when they die?

Clients generally want things to be simple. They just want a document that says “If I die, everything goes to my wife, or to my kids.” Maybe a charity of some sort.

What does an estate planning attorney do?

A good estate planning attorney will be able to identify what a testator needs, and provide a range of options to help create a comprehensive, appropriate estate plan that best meets those needs. That might include a will. And it might include other options, including revocable and irrevocable trusts, powers of attorney, advanced health directives, advance gifts, and more.

How much money can an estate save?

Estate planning is a complicated and specialized field of the law. A competent professional can save you literally tens to hundreds of thousands of dollars in future costs for a few hundred or few thousand dollars now.

What happens if you don't leave a will?

If the person did not leave a will, there will be nothing for you to find. A person can easily dispose of his property before death and avoid a will.

Where to go to get a last will and testament in Ohio?

In the State of Ohio, you go to the probate court in the county where the decedent lived in and ask the clerk’s office there if there is a Last Will and Testament for so-and-so in their Will Bank.

Who has to name beneficiaries in a will?

The testator (the person making the Last Will) obviously has to name the beneficiaries but need not let the beneficiaries know of this during the testator’s lifetime.

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 long does it take to get a will in California?

Although there is no centralized “will bank,” California Probate Code Section 8200 requires the person that has the original will to lodge it with the local county probate court within 30 days of learning of the testator’s death. It may be helpful to reach out to the probate court where the decedent lived and of all counties where the deceased person owned real estate to inquire whether a will has been lodged.

Can a will be kept in a safe deposit box?

Important documents, such as a will, can also be kept in a safe deposit box. Contact the banks the deceased person did business with to confirm if he or she had a safe deposit box. Check around the deceased person’s home for a safe deposit box key. Keys vary in shape and color. A close relative can go to the bank to open the safe deposit box, if he or she has the key, to see if it contains a will or trust.

What happens to a will when someone dies?

When a will is prepared by a lawyer for a client, the attorney will always recommend that the client tell someone that they have made a will, and with whom, and will offer them a copy of the will to take with them if they wish. The original will is usually kept by the lawyer who drafted it. The person making the will must appoint an executor or executors to their will. This is a person who will administer the estate of the deceased. The will must also be witnessed by two independent witnesses who are not beneficiaries of the will. Sometimes, the executors will have been advised by the deceased of where their will is located.

How does an executor of a will distribute an estate?

In some cases it can take considerable time to locate all the beneficiaries entitled. Once the relevant grant is issued , the executor or administrator distributes the estate. This may involve selling shares and property, or vesting title in beneficiaries’ names, both of which have the potential to be very lengthy processes. The executor or administrator is also obliged to give notice of three months of their intention to distribute the estate to the Department of Social Protection, so that any overpayments of social welfare, such as pensions, are paid back. If you are a beneficiary under a will, and an executor of the will has not done anything about administering the will, it is advisable that you consult your own elder law attorney.

What is probate in a will?

Probate is the procedure that gives the appointed executor the authority to carry out the testator’s wishes per the will. To administer the estate, the executor must apply to the Probate Office for a grant of probate. The executor must file the original will and full details of the assets in the deceased’s estate with the Probate Office.

What happens if you don't have a copy of your will?

If someone has made a will, it is likely that the executors of the will may know where the will is kept or which lawyer drew it up for the deceased. If a person has not taken a copy, and has not told a family member that they have made a will, the family will then generally contact the deceased’s lawyer, if they know who that is. If the lawyer of the deceased is unknown, the family should then contact estate planning lawyers in the area who can check with other attorneys whether they hold a will .

How long does it take for a will to be distributed?

Beneficiaries under a will cannot, however, demand that the estate be distributed until one year has passed from the date of death.

Is a will registered in Utah?

Wills in Utah are not registered. However, some jurisdictions do have registration or recordation of wills. This is how it works in some places:

Do all grants of representation contain a will?

Not all grants of representation contain a will.

What Documents or Information Will You Need to Find a Deceased Loved One’s Assets?

When a loved one dies, family members with access to the home often sort through the decedent’s personal belongings to search for a will or other official documents . A will normally includes much, if not all, of a person’s property.

What to do when a loved one dies?

Most people realize that if a loved one dies, they may be required to handle their deceased loved one’s affairs after their death. This can include caring for minor children and pets or making funeral and burial arrangements. Perhaps you have a spouse, elderly parent, or relative with whom you have already discussed these issues. If so, that can be very helpful.

What to do if you don't have a will?

Even if you do not locate a will among the decedent’s personal property, you may find other documents that reveal what assets the decedent owned. Take time to look for bank or other statements that indicate where your loved one conducted their financial business. You can then go to the bank or business to determine what assets the decedent held there.

What happens when a person dies and you are the executor of their estate?

If so, when your loved one dies, the court will issue letters testamentary, which authorizes you to handle your loved one’s estate and take possession of their property upon their death and administer their estate in probate court.

What does it mean to handle a loved one's affairs?

Handling a loved one’s affairs also may include taking responsibility for all of your loved one’s financial matters, including the disposition of their property after their death. Unlike issues related to custody of minor children and end-of-life details, financial matters often are not discussed with loved ones. And if you do not know what property your loved one owns, this can make handling their affairs and administering their estate very difficult.

What information should be included in a will?

For example, if the will includes proceeds in a bank account or interests in a stock portfolio, it should identify the name of the bank or stock brokerage holding the assets, along with account numbers or identifying information. With a copy of the death certificate, the bank or other institution holding your loved one’s property should provide you access to those assets .

What do decedents' personal papers reveal?

The decedent’s personal papers often will reveal evidence of these types of assets.

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, ...

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 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.

Are wills a part of the public record?

Wills are only part of the public record if they 're admitted to a probate court or a small estate. 1 Wills are confidential while the people who wrote them remain living.

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.

How Can You Find Out If Someone Has a Will To Begin with?

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 .

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).

image