How can we locate their will??

My grandpop passed away in 1998 and my grandmom is now living in assisted living for people with memory loss. My mom was made power of attorney about 4 months ago, and during that time my grandmoms metal box of important papers disappeared from the house. My grandmom told her where the box was, but when we went to the house to get it, everything was disheveled, and someone had been in the house and taken the box. The only other person with a key to the house was my moms brother (my uncle)... and he had been upset that my grandmom had made by mom power of attorney.

Everything they had that was important was in that box, the deed to the house, stock certificates, cash, and their will. We tried to contact the wills and probate office but they said there is no will on file with them. The other problem that we have is that my "problem" uncles wife (my aunt) works in that office at wills and probates! We know there was a will at one time because my grandpop told my mom that he had made her the executor.

We have no idea who their attorney is, and we have searched the house looking for anything that may have had a lawyers name on it within their papers...but have come up with nothing. My question is, how easy would it be for someone who works at the probate office to take a will out of the file? Would it be that easy? The only copy that my mom knew of was in that box, but that was taken as well.

Is there any other way to track down a copy? any other offices that may have it on file?

Also...if they have the copy of the deed...how easy would it be for them to have my grandmom sign the house over to them? My grandmom is on the verge of incompetence, and we are afraid that he may try to trick her into signing things over to him.

(01-30-2001)

Do you know the name of the bank where your grandmother had her accounts or the name of the stock brokerage house that handled her stocks? By calling the banks and stock brokerage houses in that city to ask, you might find out something.

Your uncle won't be able to get away scot free, since legally, the court will have to name someone "administrator or personal representative" of your grandmothers estate if no will is found, and the court hearing to do that will have to be publicized in the local daily newspaper or legal newspaper classified ads, so be on the lookout for that. that. If a will IS found, then he has to file that at the county courthouse too before he can close the estate or receive any property, and that is also public notice.

The will would not be kept in the probate office, and the probate employees are very honest, so don't make any undue accusations against them, but the fact that a relative works there is a reason for you to be concerned. You (or actually, your MOM) really do need to speak with a local probate/estate attorney to figure out what your options are and what actions you should take. If you wait too late, the uncle could have done too much damage in stealing property that is not rightfully his. Since your Mom has power of attorney and should legally be the person who is named by the court to handle the affairs, SHE should submit a letter to the probate court asking for that responsibility and explaining the situation about someone having gained illegal access to the lockbox, because that is information that the probate court will be interested in. She also needs to report the stolen lockbox to the police so that there will be an offical report on record, maybe even additional charges filed (such as breaking and entering, etc.).

If an attorney prepared her will and he is still in business now, then he will notify the court about it if he knows that she has died. Have you considered calling local attorneys in that city to see if they know anything?

SINCERELY,

[email protected]