when a family member dies if they have a will made do you the lawyer

When you die, your children will call the name of the lawyer on the will, and it is more likely that he will take up the probate.

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What happens to my attorney if my client dies?

The will may provide instructions for what happens if a beneficiary predeceases the will-maker, but if it doesn't, state law determines who inherits. By Mary Randolph, J.D. Free Case Evaluation | AllLaw.com. All Law .com. Talk to a Lawyer. 833-890-0666. Chat Now.

What if I don't know the name of the decedent’s attorney?

Apr 01, 2016 · Yes, in the case of the will because it must be filed with the appropriate probate court. The personal representative does not have to provide a copy (unless required by the laws of the specific state), but it is a public record that anyone can look at. But the answer is usually no in the case of trusts. They are private and only need to be ...

Do you have to file a will when someone dies?

Dec 07, 2008 · A will can be legally recognized without having a lawyer involved. There are online will makers you can use, or you can write one yourself. You'll need to find out what the requirements are in your state for a will to be legal, but at the very least you'll need to write out your intentions, sign you will, and have two witnesses.

What happens to the original will when someone dies?

Aug 10, 2015 · Answered on Aug 10th, 2015 at 1:42 PM. In Nevada, yes. Also the power of attorney is not valid to be used after death. I urge you to seek legal counsel. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Do you need probate if you have a deceased person?

But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds).

Do estates owe state taxes?

The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Who are the heirs 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.

Who must receive a copy of the will?

The accountant for the estate must receive a copy of the will if one is appointed. He must understand any instructions the will gives for paying off the debts of the estate.

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.

Can a will be read by anyone?

Remember that a will becomes a public record for anyone to see and read when it's filed for probate with the state court. The beneficiaries of the will can request that the probate judge seal the court records to prevent the general public from viewing it under certain circumstances.

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.

Where do you keep a will?

However, many people keep their will with other important papers in their desk, drawer, or file cabinet. If possible, literally rummage through the decedent’s papers and personal belongings.

Can a probate court accept a copy of a will?

People who go to an attorney to draft their will usually leave the original, executed version of their will with their attorney. A probate court will not accept a copy of a will—it will only accept the original.

What is a will registry?

A will registry is a service that a person uses after writing a will.

Paula Brown Sinclair

My condolences for your loss.#N#It's long past time for you to retain local experienced probate counsel. There are two reasons for this recommendation: 1) your understanding of the law is far too limited; and 2) your niece has proven that she needs to be compelled to act. First, the...

J Patrick Diener

I can only echo my fellow attorneys on this. The probate process can be very complicated, as can the laws associated with them, but little can be done without going to court. I definitely suggest that you find a local attorney to consult with.

Christopher J. Moore

Ms. Sinclair has offered good advice here. I will only add that the Idaho Statute that requires production is as follows:#N#§ 15-2-902. Duty of custodian of will--Liability...

Who is Andrew Beattie?

Andrew Beattie was part of the original editorial team at Investopedia and has spent twenty years writing on a diverse range of financial topics including business, investing, personal finance, and trading. Being left out of a will is not a situation most people want to be in.

Can you be left out of a will?

Being left out of a will is not a situation most people want to be in. But sometimes when a person dies and their will comes to light, its contents throw survivors for a loop. The will can exclude people who had assumed they would be included, or in some cases, who were told that they would be included. If you are left out of a will, there are some ...

How to contest a will?

To contest the will, you need a valid reason. These are fairly straightforward. You need to reasonably prove the testator lacked the mental capacity to understand what was going on when the current will was signed, was pressured into changing it or that the will failed to meet state regulations and is thus not legal.

What happens if you are left out of a will?

If you have been left out of several revisions of the will, your chances will be slimmer because multiple wills must be invalidated.