How To Discover If Someone Has A Will

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It may come as a surprise to learn that many people don't let their loved ones know that they have a will. Having to search for a will in a difficult time can be stressful and overwhelming. With your subscription to our Legal Protection Plans for Individuals & Families, you can get you Estate Planning documents prepared by your attorney at no additional charge, saving you hundreds of dollars over hiring an attorney on your own. Read on for a few tips on discovering if a loved one has a will.

Ask Them About Their Estate Planning

It may seem obvious, but the easiest way is to reach out and ask. If the person is question has already passed, contacting their family, friends, or the executor (the person tasked with distributing the deceased's property) and ask if they know where the will is kept. These conversations can be difficult and uncomfortable, but they are sometimes necessary. The Will must be taken to probate court within a certain time frame, depending on the jurisdiction. The executor of the Will has a duty to contact anyone named in the Will and make the Will's contents known. While many believe that Wills are private, they are public documents.

Do Thorough Research

Wills are generally kept in places that aren't very obvious, so make sure to thoroughly go through files and other papers and documents to see if the Will is filed away. Check boxes and files in places that aren't typical for the storage and organization of paperwork, such as in pantries, boxes in bedrooms, storage rooms, closets, garages, and storage units. Check for secret compartments in desks, paintings, tables, and even behind shelves and in floors and walls. Check the attic and basement, suitcases, and even look through book pages in case it might have been tucked away there. Diaries, journals, and online accounts sometimes have clues to where documents like a Will might be kept.

Ask The Lawyer

How could you find out which lawyer drew up the Will? Checkbooks and payment records may lead you to the law office where the attorney who drew up the Will works, and a web search should get the contact information from there. The attorney who drew up the Will should have a copy, and while they won't tell you what's in, most likely, they can verify its existence.

Check The Bank

check the banks where the deceased did banking and see if they had a safe deposit box. It is a popular place to store important documents.

Public Records

It's possible that the Will is already in the public record. This happens when the executor starts Probate without notifying all parties. The clerk of the court files the Will after a person dies, but not all Wills are in the public record.

Stay Vigilant

Check the court web site regularly for new Will filings and newly open Probate cases. Let the Probate court know that you want to be notified and, in some states, you can request to be notified if a Probate case is opened in the name of the deceased.

Estate Planning documents are among the most important documents you will need, and legal assistance for making sure that your Will is complete and legally enforceable in your state is extremely important. You can get professional legal help with your Estate Planning, including a Last Will & Testament, a Living Will, Trusts, and more for free when you're a member of our Legal Protection Subscription Plans. Don't wait another day to get these important documents prepared! Sign up today!