Legal Question in Wills and Trusts in California

How to find a will?

My mother died about 6 months ago. She drafted a will back in the 80's. I know the name of the lawyer she used but he has passed away. How do I go about locating a copy of that will?


Asked on 11/04/08, 8:55 am

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: How to find a will?

Contact the deceased lawyer's state bar. It might be able to help you locate that lawyers old files.

Not to discourage you too much, but my office never makes duplicate wills. We make one will and give it to our clients. Even if you find the file you're looking for, don't be surprised if it doesn't contain your mother's will.

Finally you can open probate without a will. Her estate will go to her children in equal shares. If you need help with that, let me know.

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Answered on 11/04/08, 11:34 am
Todd Stevenson Stevenson Law Office

Re: How to find a will?

You should make an exhaustive search through all of your mother's old files, boxes, safe deposit boxes, etc.

With respect to the deceased attorney, contact the State Bar and obtain as much information as you can. He or she may have sold their practice, or there may be partners in the practice who are still practicing law.

If you cannot locate her will, then there are two other methods available:(i) probate or (ii) a small estate affidvait procedure (if the estate is less than $100,000) to distribute your mother's assets.

Please give my office a call if you would like to speak further about how we can assist in this process.

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Answered on 11/04/08, 6:32 pm


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