when a parent dies and you can't find their will can you use copy that lawyer has?

If a will is missing because it was stored in a bank vault destroyed in a fire, the probate court may accept a photocopy of the will (or the lawyer’s draft or computer file). However, the court will probably require evidence that the decedent properly signed the original. If the original will simply can’t be found, then what do you do?

Full Answer

Who gets a copy of a will when someone dies?

Dec 07, 2008 · Once filed, the will is a matter of public record. 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. 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 do you do when your parents die?

Jan 24, 2010 · If a will is missing because it was stored in a bank vault destroyed in a fire, the probate court may accept a photocopy of the will (or the lawyer’s draft or computer file). However, the court will probably require evidence that the decedent properly signed the original. If the original will simply can’t be found, then what do you do?

What happens if you can't find the Attorney for probate court?

Mar 28, 2020 · In a worst case scenario, if you can find no will and no copy of a will after a diligent search, state laws treat the testator’s estate as though she died without making one. This is called “dying intestate.” The court will appoint an executor and will distribute her assets to her immediate heirs according a formula prescribed in the state’s laws.

How do I Find my deceased father's attorney?

Sep 08, 2017 · It can also help protect the Personal Representative from liability in administering the Estate pursuant to the original Will of the Testator. If you need assistance getting a copy of a Will admitted to probate court here in Michigan, we may be able to help. Call Hewson & Van Hellemont, PLC, to discuss your options at 248-968-5200.

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

If you still cannot find the will, your next step should be to contact an attorney to determine how the estate will be settled without a will.

What happens if a will is missing?

If a will is missing because it was stored in a bank vault destroyed in a fire, the probate court may accept a photocopy of the will ...

What is a safe deposit box key?

Safe deposit box keys are typically large, are aluminum or silver in color, and usually say “do not duplicate.”. If you find such a key, call each bank where the deceased had a checking or savings account in order to locate the bank with the safe deposit box.

Can you keep a will in a safe deposit box?

If you keep your original will in a safe deposit box, make sure to transfer ownership of the box to your living trust (so that your successor trustee has access to the box after your death without the need for a court order). If you keep your original will in a fireproof safe in your house, make sure you let some family members know ...

Broaden Your Search

If you have looked in obvious places and have come up empty, try more creative searching. Some states allow a testator to register his will with the court before his death, so call the courthouse in the county where he lived to see if he did this. Contact his bank to see if he kept a safe deposit box.

If You Find a Copy

If you find a copy of a will, though not the original, there is some possibility that the court will probate it, depending on the laws of the state where the testator died. Generally, proof of her signature as well as the signatures of the witnesses is required.

Assumption of Revocation

One drawback to just finding a copy of a will and not the original, is that many state laws assume that the testator revoked the will by destroying the original, which is legal in most states. This is especially true if the witnesses and his family report that the will was last known to be in his possession, not left with a bank or an attorney.

Intestacy Proceedings

In a worst case scenario, if you can find no will and no copy of a will after a diligent search, state laws treat the testator’s estate as though she died without making one. This is called “dying intestate.” The court will appoint an executor and will distribute her assets to her immediate heirs according a formula prescribed in the state’s laws.

Where do you file a will in Michigan?

This filing typically occurs in the probate court, in the County in which the decedent resided .

Can a copy of a will be found?

Testator had not revoked or destroyed the original prior to death. When a copy can’t be found, one common problem that many run in to is attempting to explain to the Court what a decedent said they wanted prior to death.

Is it hard to prepare for the death of a parent?

Whether it’s expected or sudden, the death of a parent is a stressful time for most. While it’s hard to prepare yourself emotionally , there are steps you can take to manage the practical issues a bit more easily . Finances, for one, can feel like a maze of paperwork, digital records, passwords and perhaps even shoeboxes.

Can you transfer bank accounts to a beneficiary?

With proof of death, you may be able to transfer the accounts to the beneficiary. Certain bank accounts are also set up as “Payable on Death” or POD, which means the assets transfer directly to the beneficiary outside of the probate process. Settle debts: One hard aspect of managing a parent’s money is paying off debts.

Why is paying off debt important?

Whatever the case, paying off debts is important for avoiding interest charges. This includes car loans, home loans, credit cards and medical debts. Manage the home: If your parent lived alone, it can be difficult to decide what to do with their home.

What is a funeral home?

1. a major expense for many people. Costs do vary, however, depending on whether burial or cremation is chosen. It may be comforting to know that the Federal Trade Commission has a say in how funeral homes operate, and offers its own checklist to help you through this decision-making process.

What happens if you don't find a will?

In most states, if you fail to locate a will, the law presumes that it’s because your loved one revoked it before his death by destroying it. The court will probate his estate as though he died intestate -- that is, without a will. However, if you were able to find a copy, you can try to convince the court to honor it.

What to do if you can't find an attorney?

If you can’t find the attorney, you’ll have to figure out where he might have placed the will when he stopped practicing. Some state probate courts accept wills for safekeeping before the testator’s death. If yours does, call the court to see if the attorney transferred possession of the will to the court. If not, the court might have knowledge of ...