What can we do if my father passed away and we are in search of his Will?

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What can we do if my father passed away and we are in search of his Will?

From what we were told he had done it through an attorney but we are not sure which one. How would this information be found out? Second question, my father has personal items, paper work, a boat, furniture, etc. at a few of his siblings homes. How or what happens to it?

Asked on July 30, 2014 under Estate Planning, Wisconsin

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss.  Unless it was filed it may be difficult to track down.  Try looking in his check book to see if he wrote any checks to an attorney and that may be a clue to where it is.  Most people do not go far from their home to engage the services of an attorney so look close to home as well.  If you can not find it then apply to be the Administrator of the estate and the estate will have to be divided according to the intestacy statute of your state.  Now, many states have an Affidavit for collection of personal property of the decedent from others.  As for property with title - the boat for instance - that is easy to get back. But some one needs to be appointed as the fiduciary of the estate to act.  Good luck.


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