when someone passes away do i have to use the same lawyer that did their will

If the deceased person hired a lawyer to draft the will, the lawyer may have the original signed document or a copy of it. If you think that's the case, call the lawyer to notify him or her of the death. The lawyer will then be required to file the will with the probate court, and you can get a copy.

Full Answer

Did your loved one's lawyer keep the original will?

Although your loved one’s attorney probably kept the original will, it’s customary that he would have sent a copy home with his client. This can be important if you don't find the original.

What happens to your legal relationship with your in-laws after death?

Your spouse’s family becomes your former in-laws. Although the relationship between the parties remains the same, the legal terms to describe those connections often do change on top of the legal consequences or legal meaning of the relationship. Legal relationships with your in-laws sometimes change following the death of your spouse.

What happens to a power of attorney when someone dies?

The probate attorneys at Fair Share Lawyers put together a list of steps to take and things to know when a loved one dies. If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers. A power of attorney is no longer valid.

What happens to a will when a lawyer retires?

In some cases, the wills are transferred in bulk to another law firm when a lawyer retires, and similar notices are made.

Who should check if a decedent has a copy of his or her name?

The family should check with the decedent’s attorney or accountant to see if they have the original or a copy. The family should also check with the bank where the decedent maintained an account to see if one may be located in a safe deposit box.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

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.

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 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.

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 ...

How to deal with your in-laws?

Grief and sorrow manifest in different ways and people react differently to loss. Mutual respect and understanding will help foster a healthy relationship with your in-laws as you try and cope with your loss. 3.

How to maintain a relationship with your in-laws?

2. Maintain a mutual respect. Maintaining respect for your in-laws and getting respect in turn following the death of your spouse will help shape your future relationship with them.

What are some good grief quotes?

There are a few grief quotes attributed to having loved and lost someone dear to you. These feelings of grief can also include the loss of relationships with those still living. Some favorite grief quotes that may help you say I love you to someone are: 1 “Grief only exists where love lived first.” – Franchesca Cox 2 “To live in hearts we leave behind is not to die.” – Thomas Campbell 3 “Love can be distorted by loss but never lost.” – Unknown

What is the grief of a significant loss?

Your in-laws may be having a difficult time coping with their loss, and it may be that you represent a reminder of their loss. The grief they're experiencing may be greater than yours in ways that you may not readily comprehend.

What happens to family dynamics after death?

Family dynamics almost always rearrange following the death of a spouse. The roles your in-laws continue to have in your life moving forward will depend on several factors. Some things that can influence those relationships are the length of the marriage, the closeness of your relationships to the family, and the cause of your spouse’s death.

What does it mean to be sympathetic to your in-laws?

Being sympathetic to their loss despite your pain and sorrow shows loving kindness and compassion toward your in-laws. In time, you can expect that their grief will ease.

What happens when you lose your spouse?

Soon following the death of your spouse, you may find that the telephone calls and visits from your in-laws start to diminish.

Who does property pass to when someone dies?

For unmarried individuals, property and money pass to children and then to other relatives, including grandchildren, parents, grandparents, and siblings. In rare cases, someone may die who doesn’t have a will or living family members to inherit.

What can you do with a will?

By making a will, you can determine which property and belongings should go to your spouse, children, family, friends, and even pets. Additionally, you can request that sums of money be given to various charitable organizations or groups.

What is a power of attorney?

What Is Power of Attorney? A legal term, power of attorney grants an individual known as the agent the right to act for another person, referred to as the principal. Depending on the case, a principal may appoint an agent to make decisions about their finances, legal rights, healthcare needs, or all of the above.

What is the purpose of a last will and testament?

Choosing an Executor. Creating a last will and testament enables you to select someone to serve as executor. This person will be responsible for distributing your money and property according to the tenants of your will after your estate has gone through probate.

Can you freeze a person's bank account after death?

Individuals who hold power of attorney should note that banks and other financial institutions generally freeze a person’ s accounts upon their death. In other words, you will no longer be able to use your power of attorney rights if the principal is no longer living.

Who is appointed as executor of a will?

If the decedent failed to appoint an executor, the court will appoint one for them. In most cases, spouses and close family members are assigned the task of serving as a will’s executor.

Do you have to pay off creditors before you can make distributions?

Note that your estate will still need to pay off creditors and settle any outstanding debts or tax bills before the executor can make distributions. By choosing an executor yourself, you also save friends and loved ones from having to make this decision after you’re no longer there.

How to find out if a lawyer drafted a will?

Call your state’s bar association to find out if it still has contact information for him. Check the phone directory for personal listings of people with the same name. Attorneys don’t often list their home phone numbers, even after they’ve retired, but if you can reach a relative and explain your situation, she might be willing to have the lawyer call you. You can also contact other local attorneys, especially those who practice estate law. Lawyers are often a tight-knit group and some of them may have stayed in touch with him. You can also search for information online and in the newspaper. The attorney may have made a major contribution to a charity recently or won a golf tournament. If you can find mention of him, the website or newspaper might have interviewed him. Contact them and ask if they know where you can reach him.

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 ...

How to find out if an attorney has made a major contribution to a charity recently?

You can also search for information online and in the newspaper. The attorney may have made a major contribution to a charity recently or won a golf tournament. If you can find mention of him, the website or newspaper might have interviewed him. Contact them and ask if they know where you can reach him.

Can a lawyer toss a will into the trash?

If your loved one left his last will and testament with his attorney for safekeeping, the attorney can’t toss the will into a trash bin when he decides to retire or close his office. Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents.

Can an attorney call you after retirement?

Attorneys don’t often list their home phone numbers, even after they’ve retired, but if you can reach a relative and explain your situation, she might be willing to have the lawyer call you . You can also contact other local attorneys, especially those who practice estate law.

Can you find the original will of a loved one?

This can be important if you don't find the original. If you can't find the attorney, and if you can’t determine where he put his documents when he stopped practicing, consider what your loved one might have done ...

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 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.

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.

Is there such a thing as a reading of a will?

Contrary to scenes you might have seen enacted on television or in the movies, there's really no such thing as a "reading of a will.". There's no legal requirement that a last will and testament must be read aloud to anyone.

Does a pour over will require probate?

A pour-over will also require a probate proceeding, and the successor trustee — the individual named to manage the trust after the owner's death — must receive a copy of the will. It should explain how the executor and the successor trustee should work together to settle the trust and the probate estate. It sometimes happens, however, that ...

3 attorney answers

Colorado law requires the will to be "lodged" with the probate, or district, court in the county of her residence at the time of her death. If she has left a self-proving will, then your sister can challenge that, but she will have a heavy lift.

E Dwight Taylor

First off, there is no such thing as "reading" the will. A will is only enforceable once it has been submitted to the probate court for administration of the estate, and a personal representative is appointed by the Court.

Michael A Kirtland

The will has to be filed with the probate court in the county where your mother lived at the time of her death. Your sister can file a will caveat if she chooses. Whether she has grounds or will prevail is a different matter.

Who is responsible for probate when someone dies?

When someone dies, the executor na med in the will is responsible for filing the will in probate court. The court will designate the person named as the executor to administer the estate. However, in the modern era, there is not a “reading of the will” like you often see on television, where everyone gathers in a room together and ...

Who is entitled to a copy of a will?

There are several people who are entitled to a copy of the will. Any beneficiary named in the will. Anyone else named in the will who is not a beneficiary. Any living heirs of the decedent who would inherit through intestacy had there not been a will or if the will is determined to be invalid.

What is an executor of a will?

An executor will provide a copy of the will to the beneficiaries named in the will.

How long does it take to read a will after death?

The executor may read the will as soon as the decedent dies. However, there is no official or ceremonial “reading of the will.”. When a will is filed in probate, it becomes a permanent court record.

Who is obligated to notify the beneficiaries of a will?

However, as stated above, the executor is obligated to notify all beneficiaries named in the will, as well as the living heirs of the decedent and the decedent’s creditors. The executor notifies these interested parties that the decedent has died and that they may have an interest in the decedent’s estate.

Why do we need a will?

One of the reasons to have a will is to indicate your intentions for the disposition of your property after you die, with the hope of preventing any family bickering or disputes over your estate.

Can a beneficiary change beneficiaries before death?

Are beneficiaries entitled to any information before the death? Beneficiaries are not entitled to any information in the will before the testator dies. Before the testator dies, the will is the testator’s private property. Also, before death, a testator can always change beneficiaries.