How can my dad obtain a copy of his Will if the lawyer who drafted it is no longer in business and he can’t find it?

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How can my dad obtain a copy of his Will if the lawyer who drafted it is no longer in business and he can’t find it?

Asked on July 7, 2015 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Wills are sometimes filed in advance (before death) with courts, but do not need to be. He can check with his county clerk and court, but if they don't have it, the lawyer doesn't have it, and your dad doesn't have it, the will is lost, and therefore may as well never have been done (since if you can't find the will to probate it, it means nothing). Your father may wish to simply have a new will done--that may be the most straightforward, simplest, most certain thing to do. If he does, put a copy in a safe deposit box; give a copy to you; let the lawyer keep a third copy.


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