What to do if I can’t find a Will but I think one was written?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I can’t find a Will but I think one was written?
My mother just passed away. I couldn’t find a will but she told a few people she did one. How do I find out? I don’t know the lawyers name if one was written. How do I find out if I don’t want to spend thousands of dollars opening up a probate case to be able to deal with an old car and a small amount of money left?
Asked on January 28, 2012 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. It sounds as if your Mother did not have a large estate. Every state has a Small Estate proceeding on the books to help probate go faster and easier when there are very little assets involved. The thing is if your Mom wanted the assets she left to go to others than those that would inherit under the intestacy statutes it could be an issue. If you know what her intentions were you can honor them. If there is none then the intestacy statutes apply. I would consult with an attorney just to be cautious. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.