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If I was looking at a closed case of my grandmothers in the records room at the courthouse and there are a few missing documents, how do I go about finding those missing documents? I'm asking because my grandma had a will that has gone missing. My grandma had a guardian at the time. Could he have removed them from the files without the court knowing?
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It is impossible to say without more information, and even then, it would be doing some detective work based upon your facts. If it was not probated or lodged with the court it is going to be like looking for a needle in a haystack.
Answered on Apr 30th, 2015 at 3:03 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It is very unlikely that the will was taken from the court's file. In any case, the terms of the will should be reflected in the Petition for Probate. You should have a lawyer review the estate file to determine if it reflects a will which is now missing, or whether the will was not submitted to begin with; and, whether there is anything that can be done about the matter now.
Answered on Apr 28th, 2015 at 2:30 AM
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Will are normally lodged with the county clerk in Nevada. That being the case the original Will is not in the probate file. There should be a copy attached to the Petition and the petition should sort forth the date it was lodged. 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 28th, 2015 at 2:04 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Generally, courts keep excellent records of who has their files and can tract any missing records. All the probate courts that I deal with make electronic copies of all filings when they come in. You should be able to access the electronic records. On the other hand, once the case is cased, you can't reopen it unless you can prove fraud.
Answered on Apr 27th, 2015 at 9:19 AM
Thomas Edward Gates
The guardian is not able to nor anyone else, remove filed documents.
Answered on Apr 27th, 2015 at 7:33 AM
This question has already been asked and answered.
Answered on Apr 27th, 2015 at 7:25 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I have answered this question to you before; follow the suggestions I provided therein.
Answered on Apr 27th, 2015 at 7:23 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Your Grandmother's Will would not have been made part of the guardianship case file unless the guardian sought the approval of the court to execute a new Will on behalf of your Grandmother. Any Will executed by your Grandmother prior to the creation of the guardianship would not be filed until your Grandmother passed away. Such a Will would be with your Grandmother's papers or in the files of the attorney that drafted the Will for your Grandmother.
Answered on Apr 24th, 2015 at 8:56 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If the will was filed in the court records, it is probably kept separately in a vault. Ask the clerk's office.
Answered on Apr 24th, 2015 at 8:31 AM
Any document submitted to the probate court should be in the court's files. It would be the responsibility of the executor/personal representative of the estate to submit the document to the court. Once your grandmother passed away, her guardian no longer had any authority over her affairs. Check with the executor to see if he/she filed the will with the court.
Answered on Apr 24th, 2015 at 8:07 AM