How can I find the lost Will of my deceased father?

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How can I find the lost Will of my deceased father?

My father passed away had a will but the Will can’t be located. We know that there was an attorney (unsure who) who drafted it for him? We are thinking that the attorney might have a copy or either still have the original copy. Do lawyers who handle Wills, etc. have services where they can search for a Will? We are guessing that he used an attorney in the same county he resided in. So that should narrow down the search to the county. He had a wife but she is being uncooperative and don’t want to either give us the will or reveal the information of the attorney who has it.

Asked on November 22, 2012 under Estate Planning, New Jersey

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

Assuming your father had an estate, there is a procedure in the probate code that a probate litigation lawyer has available to compel the wife into a deposition and a subpena for documents to determine what the wife is withholding and why. An alternative would be to file a petition to administer the estate of your father into probate court; your father's wife will be served with a copy and this may force her hand to produce the documents you believe she has. A third procedure you could use is to advertise in the local paper for the name of the attorney who you father used to prepare his will, and this may produce some results. Obtain the services of a probate litigation lawyer to assist you, in locating the assets of your father's estate. Lastly, you could use the services of a licensed investigator to commence a search for you for assets and the attorney who represented your father.

John Ducey / Law Offices of John G. Ducey,PC

Answered 9 years ago | Contributor

You could call attorneys in his area or publish an add in the lawyers newspaper which most attorneys subscribe to.


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