how to find the lawyer that has a copy of the 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

How do I get a copy of a will from a lawyer?

If a lawyer drafted the will, that lawyer may have the original or a copy. 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.

How do I find a will of a deceased person?

Aug 13, 2012 · 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 may be a good start, but not all lawyers read the Journal much less the classified ads.

Who do I call to notify someone of a will?

Jul 14, 2021 · Step 2: Search a will registry. Another resource that could identify a will or at least the name of an attorney that the decedent may have used to draft a will is a will registry. A will registry is a service that a person uses after writing a will.

Can I ask a lawyer where a will has been placed?

Sep 27, 2021 · A copy of a will may be admissible in court if the original has been destroyed by a fire or flood or if the original has been unintentionally lost by the testator. If the original will was purposely destroyed or thrown out by the testator because he or she wanted to revoke that will , the copy is not valid.

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 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.

What to do if a bank won't cooperate?

If the bank won't cooperate, you can ask the probate court for an order allowing you access to the box only for the purpose of finding the will. (If you don't know whether or not the deceased person rented a box, call the banks where the person had accounts.) The deceased person's lawyer.

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.

Who do you turn over a will to?

In most states, the law requires anyone who has possession of a will to promptly turn it over to the executor named in the will or to the local probate court. The local probate court. It's not common, but some people deposit their wills with the probate court while they're still alive. The legal community.

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 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 death?

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 of his assets private.

Can a father's wife be appointed as executor?

You have been given some good practical advice. Legally, I suggest that you file an administration proceeding to be appointed as administrator. Your father's wife will get notice and if she has a will that benefits her, she will come forward with it and ask to be named as Executor. You can also do a petition to compel the production of a will, but this is more costly and you do not have enough information. You should...

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.

What to do if you 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. You should search the decedent’s:

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).

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.

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 ...

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 ...

How do I get a copy of a will from a deceased person?

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

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 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 ...

Is a copy of a will valid?

The rule of thumb is only the original copy of a will is valid. The original is what must be filed with the court. Most people make copies of their will though. A copy of a will may be admissible in court if the original has been destroyed by a fire or flood or if the original has been unintentionally lost by the testator.

Can a beneficiary see a will?

However, you may still be allowed access.If you are a named beneficiary in the will or a guardian of a minor child who is a beneficiary, you are likely permitted access to it by your state’s laws. You should contact the executor to ask to see it.

How to find out if a lawyer drafted a 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, but if you can reach a relative and explain your situation, she might be willing to have the lawyer call you. You can also contact other local attorneys, especially those who practice estate law. Lawyers are often a tight-knit group and some of them may have stayed in touch with him. You can also search for information online and in the newspaper. The attorney may have made a major contribution to a charity recently or won a golf tournament. If you can find mention of him, the website or newspaper might have interviewed him. Contact them and ask if they know where you can reach him.

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 ...

How to find out if an attorney has made a major contribution to a charity recently?

You can also search for information online and in the newspaper. The attorney may have made a major contribution to a charity recently or won a golf tournament. If you can find mention of him, the website or newspaper might have interviewed him. Contact them and ask if they know where you can reach him.

Can a lawyer toss a will into the trash?

If your loved one left his last will and testament with his attorney for safekeeping, the attorney can’t toss the will into a trash bin when he decides to retire or close his office. Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents.

Can an attorney call you after retirement?

Attorneys don’t often list their home phone numbers, even after they’ve retired, but if you can reach a relative and explain your situation, she might be willing to have the lawyer call you . You can also contact other local attorneys, especially those who practice estate law.

Can you find the original will of a loved one?

This can be important if you don't find the original. If you can't find the attorney, and if you can’t determine where he put his documents when he stopped practicing, consider what your loved one might have done ...

How to get a copy of a will after a person dies?

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. 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.

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

If you don't find anything, consider these possibilities: Safe deposit boxes. Many people follow the common advice to keep their wills in their safe deposit box. This keeps the document safe, but it's usually a bad idea for other reasons, which become obvious as soon as you need access to the box and can't get it.

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 to do if someone has a will but doesn't want to produce it?

If you have reason to believe that someone has the will but doesn't want to produce it, you can ask the probate court to order that person to deposit the will with the court. But talk to a lawyer before you go to court—or mention the idea to anyone you suspect of hiding the will. Talk to a Lawyer.

How long do you have to file a will after a person dies?

By law, most states require that you deposit the original will with the probate court in the county where the person lived within 10 to 30 days after it comes into your possession.

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 to do if a bank won't cooperate?

If the bank won't cooperate, you can go to court and ask for an order allowing you access to the box solely for the purpose of finding the will. The deceased person's lawyer. If the deceased person hired a lawyer to draft the will, the lawyer may have the original signed document or a copy of it.

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 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.

Can a power of attorney change a will?

Powers of attorney usually don't include the power to change a person's will. Check to see if that's listed as one of the authorized activities on the POA document. If it's not, any changes to the will most likely will be invalid.

Who can see a copy of a will?

Anyone who is an immediate family member of the deceased, whether or not he or she is listed in the will, is legally entitled to view a copy. The same applies to anyone who is listed in the will as a beneficiary.

Who is entitled to a copy of a will?

Anyone who is an immediate family member of the deceased, whether or not he or she is listed in the will, is legally entitled to a copy of a will. The same applies to anyone who is listed in the will as a beneficiary. Trustees, appointed lawyers, probate judges, or court officials involved in its filing are also entitled to a copy of the will.

What happens when an individual leaves a will?

When an individual passes away and leaves behind a will, there are various regulations and procedures that must be followed such as filing the will in probate court and distributing the estate’s assets to beneficiaries by the executor of the estate.

How to get access to a will?

How to Obtain Access to a Will. Typically, the easiest way to obtain access to the will is to approach one of the individuals who either has a copy or has access to one as they are obligated to give you access if you’re legally entitled to it. Your best bet is to approach one of the professionals involved in the estate rather than, say, ...

Who is a beneficiary in a will?

Anyone previously named as a beneficiary in an earlier version of the will; Anyone that would have been entitled to receive an inheritance by law had the deceased not left a will; Anyone with a child who is named in the will (and is a minor);

Who can view a will?

Legal or financial advisers and professionals involved with the estate such as trustees, appointed lawyers, and probate judges or any court officials involved in its filing are also entitled to view the will.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...