My mother passed July 4th they say my brother was beneficiary but he has been incarcerated and has just recently been sent off to prison how do I find out if my mother had a will or not and who the beneficiary would be
Please accept my condolences on the loss of your mother.
As for your question, unfortunately it can be difficult to find a Will sometimes, if the person who made it was not careful (or was too careful) about whether she kept it. Here's about the best thing you can do to try to find out if a person had a Will or not:
1. Do as thorough a search as possible of the person's home, car, any safe deposit box, and any storage units- anywhere she may have kept anything, especially sensitive documents. Go through everything with a fine-toothed comb. Don't just look for a Will- look for cards or other info for attorneys or any other evidence that she may have worked with an attorney on a Will, look for drafts, etc. If you find an attorney's info, call the attorney's office and ask if they may have worked with your mother and that you are trying to find her Will after her death.
2. Contact the probate court for any county your mother lived in or previously lived in. When you call, do not simply ask if a Will is on file for your mother. Ask very specifically whether any Will was filed "for safekeeping" for your mother. If you just ask whether a Will was filed, the courts may not think to look in the safekeeping records and may overlook those.
3. If after taking the first two steps you still don't have a Will, then you can likely assume that your mother did not have a Will. That is possible- I have seen and heard of people who spoke of having Wills many times during their liives but then turned out not to have any. People do not always carry through on their intentions.
Best wishes to you and your family.
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