how to i find out the estate lawyer of a deceased loved one

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 I find out if a deceased person had an attorney?

These may contain something that indicates the decedent was in contact with an attorney before they died, such as: Contact the attorney you’ve identified to see if they wrote a will for the decedent. If they did not, they may have referred the decedent to another attorney who did.

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.

Do I need to find my deceased loved one’s assets after their death?

For most people, the answer to that question is, “No.” But if your loved one named you as their executor or you could benefit from your loved one’s estate, this is information you will need to know. This article will take you step-by-step through the process of finding your deceased loved one’s assets after their death.

How do you find out the size of a deceased estate?

However, you may not know the size of a deceased person's estate. If someone has initiated court proceedings to account for and divide the estate, you can often find out what the estate contains. Go to the clerk of the court's office in the county in which the person lived at the time of death.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What happens if assets are less than debts?

If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

The Information Is Public Record

In many cases, surviving family members might not have a copy of the will or they might be unsure whether the copy they have is the most recent version. Fortunately, this information is public record, which means obtaining the information is a straightforward process.

What If There Is No Will?

When someone dies without a will, their estate’s assets are distributed and debts are paid through a state’s intestate process. The probate court can appoint someone as an administrator, which is very similar to the role an executor plays when carrying out a will.

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What to do if someone dies and nothing is on file?

If nothing is on file with the court, you can initiate your own proceedings. You can also contact friends and relatives of the deceased to see if they have information about the estate. A professional writer, Michael Butler has been writing Web content since 2010.

How to find out what your estate contains?

If someone has initiated court proceedings to account for and divide the estate, you can often find out what the estate contains. Go to the clerk of the court's office in the county in which the person lived at the time of death. Ask the clerk if a will has been filed with the court and if it is available for public viewing.

What is an estate at death?

Almost everyone has an estate at the time of death: An estate is simply the property the person owned at the moment of death. Most people own something, even if it is only a few personal items.

Who is the executor of an estate?

The executor is the person responsible for determining what property the deceased had at death. If there is not a will, courts often appoint a personal representative to carry out the same function as an executor.

What to do if a decedent leaves an estate plan?

If the decedent left an estate plan, that plan should directly address such issues. But if it doesn’t, or if there is no plan, you’ll have to act. If the death was unexpected and there are immediate needs that must be addressed, you’ll need to call a local estate planning attorney about your options after you’ve ensured the child, dependent, or animal is cared for. In these situations, you may have to ask a court to issue emergency orders to ensure the protection of the minors or dependents.

What to do if someone dies?

(Decedent is a legal term for a deceased person.) Contact family members and close friends first, but after that , you should notify the decedent’s employer, personal physician, attorney, accountant, and anyone else closely involved in his or her life, or anyone who might have important information.

How to start probate?

This process begins when you file a document (usually called a petition or application) with the probate court in the county in which the decedent lived. The document will ask the court to open a new probate case and name an estate administrator to manage it. When you file the petition, you usually ask the court to name you as executor, but you can also ask the court to name someone else.

What is unsupervised probate?

Unsupervised formal probate requires executors to get court approval for specific actions, such as using estate funds to pay creditors or distributing assets to beneficiaries. Supervised Formal. Formal probate is the most rule-intensive probate process, and has the most court involvement and supervision.

What is the process of settlement of an estate?

One of the most important parts of the estate settlement process is conducting an inventory or assessment of exactly what the decedent left behind. Whether it’s real estate, investments accounts, cash, valuable personal items, or anything else, the estate inventory must include everything. This inventory, and the determination of the estate’s final value, becomes the basis for most of the remaining process. You’ll use it to determine how much the estate is worth, whether the estate owes taxes, whether there are enough assets to pay creditors, and how much you’ll have to distribute as inheritances.

How long after death do you have to prepare for a funeral?

After you’ve transferred the body to a mortuary or similar facility, you’ll also have to begin preparing for a funeral, cremation, or burial ceremony. You can usually wait a couple of days or more before you begin making these plans, and can use that time to determine if the decedent left behind any instructions. Follow the decedent’s wishes, if you know them, or the instructions left behind in the estate planning documents. If you don’t have guidance, you’ll have to make the plans on your own, or coordinate with other family members and loved ones.

What happens when an estate is disposed of?

Once everything is disposed of, or ready to be disposed of, the administrator will have to file a report with the probate court for approval. The report will detail the inventory, list the creditors, and show how all the assets will be disposed of. Once approved, the administrator will transfer the assets and the estate will be closed.

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:

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.

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).

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.

What to do if you suspect there is a tangible asset?

Things get a little more dicey if you suspect there are tangible assets of value, like jewelry, coins, or collectibles, but you don't know where they are. Search the home of the deceased thoroughly, and don't throw anything out unless and until you're convinced it has no value.

Can someone go through my late loved one's papers?

Somebody will have to go through your late loved one's papers. It might as well be someone like you, who will do so respectfully. Most of us are not as good about purging our paper files as we should be, and that may work to your advantage. If your loved one had a file cabinet, or even a couple of desk drawers stuffed full of papers, ...