What to do if my wife’s stepmother lived in an assisted living facility in another state and died unexpectedly but we can’t find her Will?

It seems that her important papers are missing. We know that she had a Will drafted by an attorney. How can we find out the name of the attorney or the executor of her Will?

Asked on November 3, 2014 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  The only way for sure is to find the Will itself or at least a copy.  You need to do some sleuthing around.  Many people use attorneys that they know or who are close to their home.  Did she have any friends or other family around?  Maybe a neighbor was a witness to the Will and could guide you?  If you can not find it then the estate passes via intestacy statute in the state in which she resided at the time of her death.  Get some help.  Good luck.


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