how to find the right lawyer after someone passes away

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 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.

Full Answer

How do you find out if a lawyer has passed away?

If you learn that the decedent’s lawyer passed away or retired, the local or American Bar Association may be able to tell you if another lawyer took over and how to find her. 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.

What happens if the lawyer for a deceased person dies?

If they did not, they may have referred the decedent to another attorney who did. If you learn that the decedent’s lawyer passed away or retired, the local or American Bar Association may be able to tell you if another lawyer took over and how to find her.

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.

What should you do if you don’t know someone’s 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. These may contain something that indicates the decedent was in contact with an attorney before they died, such as:

What do you do after a death checklist?

To Do Immediately After Someone DiesGet a legal pronouncement of death. ... Tell friends and family. ... Find out about existing funeral and burial plans. ... Make funeral, burial or cremation arrangements. ... Secure the property. ... Provide care for pets. ... Forward mail. ... Notify your family member's employer.More items...•

What happens to a settlement when a person dies?

If the person dies before the lawsuit is filed, then the personal representative files the lawsuit as the party. The lawsuit is filed in the name of the personal representative of the estate. It is not filed in the name of the dead person. The claim becomes an asset of the deceased's probate estate.

How do I claim an estate of a deceased person?

The estate of a deceased person must be reported to the Master of the High Court within 14 days of the date of death. Any person that has control or possession of any property or a will of the deceased, can report the death by lodging a completed death notice with the Master.

Who gets money if beneficiary is deceased?

A beneficiary is a person or persons who will receive the death benefit from your life insurance policy when you die. If you die without naming anyone, the money will go to your estate (the sum of all your property, possessions, financial assets and debts) by default.

Kelly Scott Davis

You may have mistaken his comment to mean he "had all his affairs in order" when he actually meant that he was mentally and spiritually ready for what was to come. However, your probate attorney will advertise in the local Bar associations to try to a) locate his estate planning attorney, or b) see if anyone can recall where the will might be.

Carol Anne Johnson

I agree with Mr. Zelinger Unfortunately there is no registery or other way to track the Will down. You have to scour all the place where he stored or kept documents and hope to find something. Look at his banking records and checks if he kept them and see if you can see any...

Charles Adam Shultz

Hard to say where his will is. This is an issue for many people.

What should I look for when choosing a lawyer?

The lawyer will be helping you solve your problems, so the first qualification is that you must feel comfortable enough to tell him or her, honestly and completely, all the facts necessary to resolve your problem. No one you listen to and nothing you read will be able to guarantee that a particular lawyer will be the best for you; you must judge that for yourself.

How long can you be in jail for a crime?

Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. State constitutions may guarantee your right to a lawyer for lesser crimes.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

Do lawyers use ads?

In some ways, yes, ads are useful. However, always be careful about believing everything you read and hear — and nowhere is this truer than with advertisements. Newspaper, telephone directory, radio, television, and Internet ads, along with direct mail, can make you familiar with the names of lawyers who may be appropriate for your legal needs. Some ads also will help you determine a lawyer’s area of expertise. Other ads will quote a fee or price range for handling a specific type of “simple” case. Keep in mind that your case may not have a simple solution. If a lawyer quotes a fee, be certain you know exactly what services and expenses the charge does and does not include.

Who should check if a decedent has a copy of his or her name?

The family should check with the decedent’s attorney or accountant to see if they have the original or a copy. The family should also check with the bank where the decedent maintained an account to see if one may be located in a safe deposit box.

What to do if you run out of copies of your death certificate?

If you run out of copies, the Department of Vital Records can be contacted for additional copies. Determine if taxes are current. Following the death, there are so many things to take care of, it can be easy to forget about the decedent’s taxes.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

How to tell someone that they have died?

Send out a group text or mass email, or make individual phone calls to let people know their loved one has died. To track down all those who need to know, go through the deceased's email and phone contacts. Inform coworkers and the members of any social groups or church the person belonged to. Ask the recipients to spread the word by notifying others connected to the deceased. Put a post about the death on social media.

How to close a bank account on behalf of a deceased relative?

Contact customer service and tell the representative that you're closing the account on behalf of a deceased relative. You'll need to provide a copy of the death certificate to do this, too. Keep records of accounts you close, and inform the executor of any outstanding balances on the cards.

How to settle a deceased family member's affairs?

You'll need the help of others, ranging from professionals like lawyers or CPAs, who can advise you on financial matters, to a network of friends and relatives, to whom you can delegate tasks or lean on for emotional support. You may take the lead in planning the funeral and then hand off the financial details to the executor. Or you may be the executor, which means you'll oversee settling the estate and spend months, maybe even years, dealing with paperwork.

What to do if your loved one has a CPA?

If your loved one had a CPA, contact her ; if not, hire one. The estate may have to file a tax return, and a final tax return will need to be filed on the deceased's behalf. “Getting the taxes right is an important part of this,” Harbison says.

Why share a list with the executor?

Share the list with the executor so that important expenses like the mortgage, taxes and utilities are taken care of while the estate is settled.

What happens when someone you love dies?

When someone you love dies, the job of handling those personal and legal details may fall to you. It's a stressful, bureaucratic task that can take a year or more to complete, all while you are grieving the loss. The amount of paperwork can take survivors by surprise.

How to prevent identity theft?

Close email accounts. To prevent identity theft and fraud, it's a good idea to shut down the deceased's email account. If the person set up a funeral plan or a will, she may have included log-in information so you can do this yourself. If not, you'll need copies of the death certificate to cancel an email account.

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 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).

What happens to a nursing home when a resident dies?

When a nursing home resident dies and there’s no family member who spent time with the resident on a daily basis, the nursing home may remain in possession of the decedent’s personal items for some time. These items could include a will.

Where to look for a decedent's papers?

Logical places to look include safe deposit boxes and anywhere the decedent was fond of filing away personal papers. The decedent's lawyer might have kept a copy if he drafted the document. If you don't know who that lawyer is, consider placing a notice in the local newspaper.

What happens when someone dies without a will?

Who is deemed next of kin can depend on the state where the deceased person lived and died, but in most cases, a spouse would be first in line, with children of the deceased person being first in line if there was no spouse. Deciding who is next in line depends on a state's laws of intestate succession.

How can I get a copy of a will?

You may not be able to get a copy of a will, but probate documents are public record. You will need to do an online search of the probate records in the county where the deceased person lived and died to see whether a will and related documents have been filed.

How to find out the executor of a will?

Anyone can see it. Interested parties can also usually learn the name of the executor by getting a copy of the death certificate from the county registrar. 3 They can then request a copy of the will if they haven't yet received one or if it's not yet available for viewing in the court system.

What is a "heir at law"?

Heirs at law are individuals who are so closely related to the decedent that they would have inherited from her if she had not left a will. All states have prescribed lists detailing who these people are. They commonly begin with a surviving spouse, if any, then children, grandchildren, and outward to more distant relatives in an ever-widening arc. More distant relatives typically do not inherit unless all those who precede them in line are also deceased.

What is the name of the person who settles an estate?

Many wills also determine what powers should be granted to the executor, sometimes called a personal representative, when he's settling the estate. They might detail what type of compensation he's entitled to receive for carrying out all the fiduciary responsibilities involved in the probate process. 1 

Why do we need copies of wills?

Providing copies of the will to all these people can help to limit the amount of time that any disinherited beneficiaries or heirs have to challenge the will. In many states, it starts the clock ticking toward the deadline by which they must do so. 5