The firm or attorney would not know if the client is deceased unless they see an obituary or someone tells them; that is your job. If the scrivener attorney has also deceased, then presumably (hopefully) his law firm still has his file. If not, then you are going to have to search for a Will, either an original or copy, in the Decedent's important papers. If you do not find one and the lawyer is deceased and his firm or the person who took over his firm does not have the Decedent's file or an original or copy of it, then you are going to have to file an Application for Determination of Heirship to have the Decedent's heirs determined.
You cannot put a stipulation on the Will as you stated - the Will is the Decedent's Will, not yours, so you cannot put a stipulation on it at all. The only thing you could do is enter into a Family Settlement Agreement with ALL of the beneficiaries or heirs of the Estate to modify how th eproperty is divided. Abent a Family Settlement Agreement, the Will controls.
Sincerely,
Kevin Spencer
www.spencerlawpc.com
Answered on Jan 20th, 2013 at 9:27 PM