QUESTION
How can I try to get a copy of my grandmother’s will before the new one dated August 30?
Asked on Jun 17th, 2013 on Estate Planning - California
More details to this question:
I just received a copy of my grandparents Will from the courthouse. I find it interesting that my grandmother who survived my grandfather will was made 3 months after his death. She suffered from Alzheimer's disease. I called the law office and asked if they would have a copy of the old will since I know they used this law firm. First the lawyer was very rude but he said he would have no way of knowing. I would think a law firm would keep records and I know the Notary Public that signed the first one would of have to record something.
20 ANSWERS
You should consult a probate attorney to review all of the facts and documents and advise you.
Answered on Jun 19th, 2013 at 1:56 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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Often old wills are destroyed when new ones are made out. I would write to the law firm ( and keep a copy of the letter) advising them that they need to keep any copies of documents they have as there may be an issue to be resolved. The rules against spoliation of evidence will hopefully keep them from destroying anything that has not been to date. You then should get an attorney on this immediately if you want to pursue it. Actually if you are going to pursue it the letter might best come from the attorney.
Answered on Jun 18th, 2013 at 1:45 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Most of the time when a new will is made the old ones should be destroyed. There is a very broad meaning of competent to make a Will. Even if someone has Alzheimer's, they may have a lucid moment so the standard is difficult to prove. You should talk to the attorney who drafted and had her sign the current Will.
Answered on Jun 18th, 2013 at 8:51 AM
A will is private until death. Then it is filed in Probate Court by the named executor. If no executor then by an administrator. The law office does not provide copies of wills to anyone without the maker's ok. Similarly, the will she prepared a will three months after the death of her husband would not be public information.
Answered on Jun 18th, 2013 at 8:50 AM
You are on the right track. Keep pushing for more information. I agree that there may be something not right here. Hire an attorney now. Write a letter to the attorneys, send it certified mail and ask for a response within 7 days. Hang in there until you get real answers.
Answered on Jun 18th, 2013 at 8:50 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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They may not have the old one, particularly if the new one declared previous or invalid and the current was validly executed. Notaries don't keep copies.You may need an attorney.
Answered on Jun 17th, 2013 at 9:45 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Some things don't seem right about your question. I assume you're in Oregon, and grandmother was too. I assume that you went to the courthouse, reviewed the file of a probate that has been opened, and this is where you got the copy of the will. You don't mention whether you're named as a devisee in the will. A lawyer can only represent one person, his client; once his client is dead, client confidentiality still binds the lawyer, and probably the personal representative controls that privilege, so the lawyer can't talk to you. A notary public does not necessarily know anything about the document that is being signed; all the notary does is verify that the person signing is the person who is supposed to sign. Also, in the case of a will, the notary is not notarizing the will at all he or she is notarizing an affidavit of the witnesses to the will. So all the notary knows is that two people said "we witnessed X signing a document which she said was her will, and it is attached to this affidavit." Finally, a person may have Alzheimers disease and still make a will. First, because dementia is progressive, so a person may make a will early in the disease; second, because the level of capacity required to make a will is relatively low. A person only has to know basically what they have to give away, and be able to identify the natural objects of their bounty. So, if you believe the will being probated is the product of undue influence, or was made by your grandmother when she did not have capacity to make it, you need to start a will contest. In the discovery process you will be able to obtain copies of older versions of her will, if they still exist.
Answered on Jun 17th, 2013 at 9:17 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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In Michigan, notaries are not required to keep records of any kind. It is also possible that the lawyers did not keep copies of the prior Will. The later Will would revoke the prior one, so keeping copies of the old Will is not necessary. Since the same lawyers were used, it is more likely that the Will reflected your grandmother's intent. Alzheimers does not prevent someone from changing their Will. Even if you knock out the new Will, which may be possible, but will be difficult, it does not revive the prior Will.
Answered on Jun 17th, 2013 at 9:17 PM
The notary would just record the date of the Will ad who signed it, so that will probably not help. If your mother had Alzheimer then she could not make a valid Will. The law office that drew up the last Will may or may not have kept a copy of the Will. You can politely ask them what their policy is but will probably get no response. You probably need to go to a probate attorney if you feel that you would have gotten substantially more under the prior will.
Answered on Jun 17th, 2013 at 9:16 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself a probate litigation lawyer to assist you, to obtain a copy of the previous will, or have the current one thrown out by the court, as it sounds like your grandmother did not have the mental capacity to execute a new will if she had Alzheimer's disease.
Answered on Jun 17th, 2013 at 9:16 PM
Thomas Edward Gates
If the new will is valid, any past wills have no standing. So, if you have a concern you need to attack the new will.
Answered on Jun 17th, 2013 at 9:15 PM
Unfortunately many law firms do not always keep copies of old wills. The notary would not have any reason to have a copy either. If your grandmother signed a will and she was not competent at the time of signing, you can proceed with an adversarial claim to that effect. You should hire a competent attorney to start gathering the necessary documentation to prove undue influence or other claim to invalidate the will filed with the court.
Answered on Jun 17th, 2013 at 9:15 PM
3 Awards
You should address your issue with an attorney in the a community where your grandmother lived. You may need to get a court order form the probate court to conduct some discovery and have a subpoena duces tecum issued. I urge you to seek legal counsel in you want to pursue this. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jun 17th, 2013 at 9:15 PM
Employment Law Attorney serving Dana Point, CA
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Mains Law Office
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If you think something improper occurred, your remedy is to contest the will and challenge the competency of the signer. The law office would never voluntarily disclose a client's previous documents absent a court order.
Answered on Jun 17th, 2013 at 9:14 PM
Every will should be destroyed as soon as a new one is executed. The lawyer who drafted the will has an attorney/client relationship with his/her clients and cannot release the work done for her without her express permission or as required by law. A notary would have no reason to keep a copy of the will. Chances are good that a copy of the old will no longer exists. And a surviving spouse often drafts a new will within a few months of the death of the other spouse for a number of valid reasons. One can suffer from some degree of dementia and still be legally competent to sign a legal document.
Answered on Jun 17th, 2013 at 9:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You premises are not necessarily correct, law offices are not required to have copies of prior wills as they are generally rescinded and without legal import.
Answered on Jun 17th, 2013 at 9:14 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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In Missouri, the old will must be destroyed when a new will is executed. The old will was probably burned or shredded.
Answered on Jun 17th, 2013 at 9:13 PM
2 Awards
Your best bet is to meet with an attorney, review the "new" will, and contest the probate ASAP. If the petition for probate is approved you will be too late. You have no time to waste and most attorneys will give you free consultations so take advantage of that and get to an attorney now.
Answered on Jun 17th, 2013 at 9:13 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Very difficult. Will are not public record until after death and they are filed.
Answered on Jun 17th, 2013 at 9:13 PM
You are not entitled to this information unless you have evidence to offer to a Court that something inappropriate occurred with your grandmother's second Will. If you are concerned that something inappropriate occurred, then contact an attorney specializing in estate litigation for further information.
Answered on Jun 17th, 2013 at 9:13 PM