how would i find the lawyer my mother used for her will in a different state

Make a diligent search for a will. Look through your parent’s records and file cabinets, talk to their close friends and other relatives, ask their accountant and any lawyer they worked with in the past. Look around the house for business cards of lawyers, accountants or financial advisors.

Full Answer

How do I find out if my mom has a will?

Jan 27, 2009 · Sometimes, athough not frequently, wills are filed with the probate court for the county where a person lives. If you call the court clerk, they will tell you. A better bet might be to go through your mother's checkbook or credit card statements and look for a check or payment to an attorney or law firm. Good luck!

Can I get a copy of my mother's will?

Mar 28, 2012 · 1 ANSWER. Your mother may have nominated your cousin as her Executor, but until a probate court judge issues an order, the cousin would be just the nominee with no legal authority. If a Will is not filed with the court and is not being probated, it is highly likely that the property was not titled in only your mother's name.

How do I find out if my parent has a lawyer?

Aug 09, 2013 · I would start by calling the probate court in the town where your mom lived. A will is supposed to be filed with the probate court 30 days after death whether or not a probate was opened. If the will was filed, the probate court will have it and you will be able to get a …

Should I hire a lawyer to administer my mother’s estate?

Oct 19, 2014 · I am trying to do this without forcing my brother into court or court filings. He is over whelmed by her death and not the most together person under regular circumstances. I told Mom she should have put a 3rd party in charge of her estate. I want to follow her wishes and have him be executor. He showed the will and I am in it.

How do I find a will in the USA?

Is an out of state will valid in Texas?

Is a California will valid in Texas?

Are out of state wills valid in Arizona?

Are wills recorded in Texas?

Does a will have to be notarized in Texas?

Do all wills have to be probated in Texas?

How does a will work in Texas?

Does Texas accept out of state probate?

How do I get a copy of a will in Arizona?

Does a will have to be notarized in Arizona?

What makes a will valid in Arizona?

How long after death can you file a will?

I would start by calling the probate court in the town where your mom lived. A will is supposed to be filed with the probate court 30 days after death whether or not a probate was opened. If the will was filed, the probate court will have it and you will be able to get a copy.

How long does a will have to be filed?

A will is supposed to be filed with the probate court 30 days after death whether or not a probate was opened. If the will was filed, the probate court will have it and you will be able to get a copy. Report Abuse. Report Abuse. Please explain why you are flagging this content:

Shelley Ann Elder

I agree with the other attys that you need to obtain an atty to force the probate

Steven M Zelinger

If you can't get compliance voluntarily you need to use the courts, that's what they are there for. Hire an attorney to compel the production and probate of the will and perhaps to have the next executor serve if he won't / can't do it.

David L. Carrier

Well, I don't think you can avoid going to court and I also think you should do it as soon as humanly possible. Stop thinking about the "poor guy" as if enabling his dysfunctional behavior is somehow "good" for him. Consult immediately with a lawyer who will not accept excuses and let's get the job done!

What to do when your mom dies?

Gather a list of your parent’s assets, financial statements and tax returns. It is particularly helpful to have financial statements covering the date of death. If mom died on March 19, you should gather up all of the financial statements that cover the entire month of March. Date of death values of assets will be needed for probate ...

What does a financial statement indicate?

Financial statements will often indicate ownership of the account. If there was a joint owner of the account, the ownership will most likely pass to the surviving joint owner and probate of that asset may not be needed. The same is true if the account had a “POD” – Payable on Death – listed.

Courthouse 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.

Notary Public Search

Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized. Go to the county assessor's office in the county where the deceased person owned real property and search for notarized deed records.

Interviews and Advertisements

Talk to friends and neighbors who knew the deceased well. 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.

Can a child inherit a deceased parent's property?

Inheritance Rights of Children. Unlike a spouse, a child generally has no legally protected right to inherit a deceased parent's property. The law does protect children when an unintentional omission in a will occurs, however. The law presumes that such omissions are accidental -- especially when the birth of the child occurred after ...

Can a spouse inherit from a deceased spouse?

Every common law state has different guidelines, but most common law states' inheritance law allows the surviving spouse to claim one-third of the deceased spouse's property. A deceased spouse can choose to leave less than a state's mandated inheritance right, but the surviving spouse may make a claim with the court to inherit ...

What is inheritance law?

Inheritance law governs the rights of a decedent's survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will. This statutory right of a surviving spouse hinges on whether a state follows the community property ...

Which states have community property laws?

The following are community property states: Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, Wisconsin, and Alaska (although in Alaska, there must be a written agreement between ...

Do spouses own property?

In a common law state , both spouses do not necessarily own the property acquired during marriage. Ownership is determined by the name on the title or by ascertaining which spouses' income purchased the property if a title is irrelevant.

Can you gift a will to an ex-spouse?

Once a divorce becomes final, many states automatically revoke gifts made in the will to the ex-spouse. In other states, a divorce has no effect on gifts to the ex-spouse. It is best to create a new will after a divorce becomes final to prevent an unintentional gift to a former spouse.

Can a grandchild inherit from a grandparent?

Inheritance Rights of Grandchildren. In general, grandchildren do not have a legal right to inherit property from a grandparent. In some states, if the parent of the grandchild is deceased, however, the grandchild may have a statutory right to inherit property from a grandparent if the will does not contain an express statement ...

Do you have to go through probate if you are deceased?

Generally, only assets owned in the deceased person's name alone must go through probate. And if the value of those "probate assets" is small enough, the family can take advantage of probate shortcuts, which are less expensive than regular probate.

How long does it take to make a will?

Making a will is easy, and it doesn't cost a lot. 2. It takes years to probate an estate. Most estates don't take years and years to resolve. Usually, the only delay is the period, mandated by state law, that gives creditors time to file claims.

Do estates need probate?

First of all, many estates don't even require probate proceedings . Generally, only assets owned in the deceased person's name alone must go through probate. And if the value of those "probate assets" is small enough, the family can take advantage of probate shortcuts, which are less expensive than regular probate.

How much does it cost to file a probate case?

In most states, it costs several hundred dollars to file a probate case, a few hundred more to publish required legal notices, and a couple of thousand dollars to hire an attorney to handle everything. Throw in a few hundred more for miscellaneous costs like appraisals and certified copies of court documents. That's it.

What happens if you die without a will?

There are lots of reasons to write a will, but worrying about the state snatching your family's inheritance is not one of them. If you die without a valid will (the legal term for this is dying "intestate"), then state law kicks in.

What happens if there is no will?

If there isn't a will, or the person named as executor in the will cannot or does not want to serve, then the court will appoint someone. But sibling order isn't a factor courts take into account. Instead, the court looks to state law, which sets out a priority list for who the court should appoint.

Do couples leave each other?

Some couples decide not to leave each other a significant amount of assets. Especially if each one owns some assets independently, they may agree that each will leave most assets to his or her children from a previous marriage, or to a charity. Many couples in second marriages, especially if they married later in life, are primarily concerned with providing for children from a previous relationship.