how to find the lawyer who wrote the will

by Marilou Ryan 7 min read

Finding the Attorney 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.

Courthouse Search
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.

Full Answer

How do I find a will if I don't know the lawyer?

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. If you think a lawyer drafted the will but you're not sure, go through the deceased person's checkbook and look for payments to a lawyer or law firm. The local probate court.

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

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.

Do I need a lawyer to draft a will?

Traditionally, most people go to an attorney to draft their wills. This occurs less now that “form wills” are available online. Form wills are standard, pre-drafted simple will forms that you can print off of the internet and fill in the blanks to make a valid will.

How do you write a simple will?

Type or write it by hand. Traditionally, most people go to an attorney to draft their wills. This occurs less now that “form wills” are available online. Form wills are standard, pre-drafted simple will forms that you can print off of the internet and fill in the blanks to make a valid will.

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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.

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.

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 ...

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.

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 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.

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 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 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.

How to help a deceased person?

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.

What documents require notarization?

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.

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.

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