lawyer died where can i get a copy of my 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.

Full Answer

Who gets a copy of a will when someone dies?

Heirs at Law and/or Prior Beneficiaries If the executor or the estate attorney anticipates that anyone will file a will contest to challenge the validity of the will, he might send copies to any heirs at law of the deceased who aren't named in the will.

What happened to my will after my attorney died?

After your attorney retired or died, his staff should have mailed the original wills to you and your husband. Of course, they may have tried that. If you moved without telling your attorney, then his staff had no way to return your original wills. If they could not find you, they should have done one of two things.

Can my mother's attorney give me a copy of her will?

The attorney will not have permission to tender a copy of the Will without permission but will be on notice that after death could be made to produce the file. * This will flag comments for moderators to take action. Your mother is not dead. The attorney-in-fact does not need to give you a copy.

Is it hard to get a copy of a will?

But, under some circumstances, getting a copy might take a little effort. After a will is submitted to the court for probate, many states require executors to send notice to all beneficiaries and heirs within a certain period of time. For example, in New Jersey, the deadline is 60 days.

Who should receive a copy of a will?

The Beneficiaries Named in the Will. All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. 4 If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf.

Who can send copies of a will?

If the executor or the estate attorney anticipates that anyone will file a will contest to challenge the validity of the will, he might send copies to any heirs at law of the deceased who aren't named in the will. He might also want to provide copies to any beneficiaries named in a previous will if there is one.

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

What is a pour over will?

The last will and testament might be a " pour-over will ." This type of will often comes into play when the deceased had a revocable living trust that was not completely funded prior to his death — not all his assets had been placed into the trust's ownership. This type of will simply directs that any property left outside the trust should be moved into the trust at his death.

Shawn Reinke

The easiest way to get the date of your divorce is to contact court administration. You should be able to get the information you need with a quick phone call. A google search for " [name of county] family court administrator" will usually get you what you need.

Tricia Dwyer

I'm not sure exactly what records you need. The divorce decree and other limited legal docs' presumably are kept secured by local court admin.' & those records, with appropriate exception, are available to the public. Often the various counties have online info' stating how people may obtain copies of various records...

How to get a copy of a will not filed for probate?

How to Obtain a Copy of a Will Not Filed For Probate. If a deceased person's last will and testament has not been filed for probate, it is consequently not a public court record. 1  Therefore, only named beneficiaries, personal representatives and guardians for minor children would be allowed to see it. And if you're unsure whether ...

Where are wills filed?

Wills are typically filed in probate courts based on the county in which a deceased person lived at the time of his or her death, or the county in which the deceased person owned real estate. 2 . Once a person determines the correct probate court , he or she can see if their loved one's will has been filed, by checking a court's probate docket, ...

Can you see a will if you are still alive?

In truth, if a person is still alive, his or her will is deemed private personal property, therefore no one has the legal right to view it. Even after a person dies, his will may only be viewed after it has been filed for probate, at which time the document becomes a public court record. 1 . © The Balance, 2018.

Is it a crime to not file a will?

In some states it is actually a crime for a person in possession of an original will to not file it with the appropriate probate court after the person in possession of the will learns that the person who made the will has died. It's important to realize, that not all wills succeed in governing the distribution of a deceased person's property.

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 someone make a will while they are alive?

While someone is alive, you do not have a right to the Will. However, if you state that your mother is incompetent, you do have many issues and should contact a lawyer to find out what steps you need to take to help your mother - specifically along the line of guardianship and to obtain a legal conclusion of her competency. Another person cannot make a Will for someone and doing so with a POA would not be acceptable.

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.

How to get a copy of a will?

As soon as the will is opened or filed with the court, anyone can get hold of a copy. You'll need to visit the courthouse and ask a court clerk to locate the file. Ideally, you'll have the probate court file number, which you can get from the executor.

How to get a living person's will?

How to Obtain a Living Person's Will. The only way to get hold a living person's will is to ask the will maker for a copy. Wills are private documents until the will maker (called a testator) dies. The testator may choose to keep his will safe at home, file it with his attorney or lodge it with the probate court, but either way, ...

What if a will is not filed?

What if the Will Is Not Filed? If the testator died recently, the will may not have been filed with the probate court yet. However, you may still be able to get a copy of the will if you have a legitimate interest in the testator's estate.

What happens when a will maker dies?

When the Will Maker Dies. When the testator dies, her will goes through a process called probate. If she filed the will with the local probate court during her lifetime, then the probate court will "open" the will, at which point it becomes public record. Otherwise, the person named as executor will file the will in the probate court ...

Where do executors file a will?

Otherwise, the person named as executor will file the will in the probate court of the county where the testator died. The executor then starts to gather the testator's bank accounts, real estate and assets, pay debts and taxes, and distribute whatever remains to the beneficiaries under the will.

Do you need a copy of a will?

You will need to obtain a copy of a will if, for example, you are named as the executor or a beneficiary and wish to ensure that the deceased's wishes are carried out. Wills pass through probate and become public record as soon as this process is complete, so it's easy to request a copy from the local court.

Can you lose a will in your attorney's safe?

If your wills are in your attorney’s safe, you do not have to worry about losing them. You may even be concerned that certain family members may go so far as to destroy your will to get a larger inheritance. If the will is in your attorney’s safe, that will not happen. In your case, this backfired.

Can a will be probated?

Your wills are still valid, but they won't do your children much good unless they can find the originals. A photocopy of a will can be probated, but someone could contest the will by claiming that the original was revoked instead of just being lost.

Do attorneys keep wills?

A lot of attorneys offer to keep the original wills they prepare for their clients, at no charge. They do this so they can probate the estates of their clients. When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page.

Can a will be revocable after a husband dies?

You may be better off avoiding a wild goose chase and hiring another, younger, attorney to revise your estate plan. Wills do not avoid probate. After either you or your husband dies, the survivor between the two of you can collect the decedent’s estate outside of probate, if you own everything together as joint tenants or as community property with right of survivorship, but when the survivor dies, the estate will have to be probated in the courts. You can avoid probate, and probate fees, by getting a revocable trust. Since you need new wills anyway, you should see a new attorney who can advise you on all of your options.

How to get a copy of a will in New York?

If two or three months have passed since your family member’s death and you’ve heard nothing but ominous silence from the executor of the estate, you can go to the court and request a copy of the will. In New York and New Jersey, the County Surrogate would have it on file, but in other states, the probate court clerk would likely have it. Some progressive counties even make the documents available online. You can simply provide your family member’s name and date of death and get a copy, although there might be a small fee.

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

If you can’t find a will and no one in the immediate family has received notice that it’s been presented for probate or that a trust exists, you’ll have to hunt for it. If the deceased had an attorney, ask him if he has a copy. Check with friends to see if any of them were holding it for him. Find out if he had a safe deposit box at the bank and, if so, ask bank personnel about your state’s rules for accessing it to find out if there’s a will inside. If your search doesn’t turn up a will, your family member’s estate will pass to heirs according to his state’s rules for intestate succession – his spouse and children will probably receive his property and other family members would inherit only if no spouse or children exist.

How long do you have to send a copy of a will?

After a will is submitted to the court for probate, many states require executors to send notice to all beneficiaries and heirs within a certain period of time. For example, in New Jersey, the deadline is 60 days. If your family member left you anything in his will, or you would have inherited from him if he had not left a will because you’re his heir, you will likely receive notice that you have a right to request a copy of the will. The rules for who inherits if a decedent doesn’t leave a will vary some by state, but a few general rules apply. If your deceased family member was your spouse or parent, you’re almost certainly an heir. Otherwise, you would typically inherit only if the decedent was unmarried and had no children. If this isn’t the case and you’re not included in the will, you might not receive notice.

What happens if a will is not probated?

If the Will Isn’t Submitted for Probate. If the court doesn’t have a copy of the will, this may simply mean that no one has presented it for probate yet. If you know who the executor likely is, you can file a petition with the court in some states, demanding that the judge direct her to produce the will and open the estate.

Who inherits if a deceased person doesn't leave a will?

If your deceased family member was your spouse or parent, you’re almost certainly an heir. Otherwise, you would typically inherit only if the decedent was unmarried and had no children.

Can anyone see a will after the testator dies?

In reality, there’s no great mystique about the document, at least after the testator dies. When the will is presented for probate, it becomes a matter of public record and anyone can see it. But, under some circumstances, getting a copy might take a little effort.

Barry K. Fine

While a copy of a will is probatable in most circumstances, the legal fees of a cost of a proceeding to admit a copy to probate far outweighs the cost of having a new will prepared. I agree with the prior posts, have the will redone and stored in the attorney's fire proof vault.

Sharon M. Siegel

That will not be good enough when you die. You need the original Will for probate purposes. As the previous poster indicated, hire a new attorney, prepare a new Will revoking all prior Wills and have that attorney hold the original in a safe. Alternatively, you could keep the original in a safety deposit bank or a safe of your own.

Maria C. Tebano

You really don't want to leave your heirs in the position of having to worry about whether a Surrogate's Court will admit a copy of the Will to probate. Your prior attorney may have filed the original will with the Surrogate's Court in White Plains (assuming that you reside in Westchester County). Check with the Court and see...

Michael Evan Greenspan

You should go to a new attorney and get a will executed right away. You can have your new attorney keep the new will in a will vault or you can have the document filed with the Surrogate's Court.

Richard Albert Luthmann

Copies of wills are always a problem. If you can't locate the original, then take your copy to a new lawyer and have them do another one with the same provisions. It probably needs to be updated anyway.