QUESTION
How do I find a will that is missing?
Asked on Apr 24th, 2013 on Estate Planning - Oklahoma
More details to this question:
My uncle had passed away a year ago. He had mentioned having a Will drawn up. Upon his expiration, the Will has not been found and nobody knows the name of the lawyer. I have called the probate office and they said it had not been filed there. I have also tried the Bar Association several times, but was unable to reach anybody. What else can I do to find it before it is too late?
16 ANSWERS
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
This is a long shot, but it is possible that the will was registered with the Louisiana Secretary Of State.
Answered on Apr 26th, 2013 at 12:05 AM
2 Awards
Finding a lost will is very hard, but many attorneys can at least help look. It depends upon what county you live in first of all - the larger the county, the harder it will be to find the will. You also need to consider what the distribution will be WITH the will and WITHOUT the will. If the distribution WITHOUT is not much different that what your desired result is, proceed to probate without it. Speak with an attorney. Many attorneys offer free consultations and can help guide you in the right direction.
Answered on Apr 25th, 2013 at 1:14 AM
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
You might check with the local banks to see if your uncle had a safe deposit box. Keep searching his home, office, and storage unit. You could call each attorney in your town. Not to discourage you, but one of my law professors told a story about a man who sealed his will in a jar, buried it in the backyard, and never told anyone where he put it. It took about a dozen of his family members weeks to find it.
Answered on Apr 25th, 2013 at 12:54 AM
Try sending an email to all of the estate planning attorneys in the immediate area where your uncle lived asking them if anyone prepared a will for him.
Answered on Apr 24th, 2013 at 9:50 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Michigan law names the heirs to his estate if there is no will or the will is lost. So hire an attorney and if necessary have that attorney file a probate action intestate (without a will). If a will is found that will may simply change the distribution of the estate to the heirs.. it should have no other effect.
Answered on Apr 24th, 2013 at 8:37 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
I don't know the extent of the assets, but you are advised to seek the counsel of a probate lawyer to file a petition to administer the estate, and thereafter if the will is located, the attorney can amend the petition to be a petition with will annexed to petition, so as to carry out the decedent's intent; otherwise the statutory rule of disposition of the decedent's estate will apply, which may or may not be acceptable to all of you.
Answered on Apr 24th, 2013 at 2:57 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You could call every law firm in town and see if they prepared the will. Does he have a bank lock box? You can ask the court for an order to open the lock box. It may be there.
Answered on Apr 24th, 2013 at 2:56 PM
Thomas Edward Gates
You can runs an ad in the Bar's monthly magazine seeking the will; otherwise you can petition the court to initiate probate without one. There are a few extra steps in starting the probate, but once an Administrator is appointed, the required activities are the same as if you had filed a will.
Answered on Apr 24th, 2013 at 2:55 PM
Check the Clerk's Office to see whether it has been filed. If you can't find a copy in his files, you may need to file a probate proceeding without a will, called intestate.
Answered on Apr 24th, 2013 at 2:55 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Too late is a relative term. There is no real deadline for filing probate in Michigan. Of course, if there are probate assets, no one will legally be able to deal with them unless and until probate is started. Besides the issue of assets, I would need to know more about your family tree. It is possible that the same people who would take under a Will would take under Michigan intestate law. I would not let the missing Will hold you up, if that is the case.
Answered on Apr 24th, 2013 at 2:54 PM
If you cannot find the attorney on your own, you ask another attorney to put the question up on the Oregon State Bar listserve. Many OSB attorneys participate and one of them may have the Will.
Answered on Apr 24th, 2013 at 2:54 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Did your uncle have a safe deposit box? The will might be there; if you believe that he named you personal representative you could give the bank an affidavit and inventory the contents of the box to see if the will is there. Otherwise, we sometimes send a "search letter" to all the estate planning attorneys in our area, asking if they prepared a will for someone. If you can't find the will, the presumption is that he destroyed it, and died without a will.
Answered on Apr 24th, 2013 at 2:53 PM
Estate Planning Attorney serving Torrance, CA
at
The Law Office of Kelvin Green
Update Your Profile
It depends on the value f the estate but if it is large enough it should go through probate. It can be through intestacy. If there is a will it will most likely be in his papers. Once an executor is appointed that person can go through all the papers for clues as to its existence or not. I recommend seeing an attorney
Answered on Apr 24th, 2013 at 2:53 PM
If a Will cannot be located, then his estate will pass pursuant to the law of intestacy of his state. Please bear in mind that there are reasons you are not finding a Will. Perhaps he destroyed it prior to his death.
Answered on Apr 24th, 2013 at 2:52 PM
3 Awards
It sounds as though you have exhausted all available means that are available to you at this time. You may wish to try to open the probate as a Special Administrator to determine if there is a Will. If one is not located his estate will pass vis a vis the State where he resided intestate law. I suggest that you speak with an attorney about your available options. Many will give a free short consultation to evaluate your case. 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 Apr 24th, 2013 at 2:52 PM
Here in Oklahoma lawyers and others will often place a classified in the Oklahoma Bar Journal announcing that they are searching for a missing will. It's inexpensive.
Answered on Apr 24th, 2013 at 2:51 PM