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Do attorneys keep a copy of the will?
- Thread starter mdconnor
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
tranquility
Senior Member
They might, for their own protection. A family member has no rights to the client file. Whether a will copy is a part of the client file depends on the state.
I forgot to mention the person is deceased and the will can not be found.
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tranquility
Senior Member
How will a lawyer's copy help you?
The estate was distributed (not through probate) a few years ago. I just want to know if the wishes of the deceased were followed.
tranquility
Senior Member
The lawyer won't supply you with a will. Go to the courthouse.
Like my last post said, it did not go through probate so it isn't at the court house.
When my Aunt died everything she had was joint ownership with one of her brothers and a sister. The brother that lived local distributed the estate. All of the siblings got $350,000 cash each except for my Mother who got $30,000. At the time I was told that the funds were distributed equally per the will. I do not plan to file a law suite but want to know if my Aunts wishes were followed. Since the will is not filed at the court house I am trying to find a copy anywhere.
Seems that you have been kicking this around for the last couple weeks. I am not meaning to beat up on you... But someone has to ask...
What is it that you hope to accomplish?
If the assets were owned jointly with right of survivorship with a brother and/or sister, then ownership passed to the joint owner(s). Legally, the surviving owners could do with the assets what they wished. What the uncle said doesn't really make a difference.
Nobody stopped Ahab from pursuing the Great White Whale. But it turned out badly for all.
I want enough information so I can ask them why the distribution was lopsided. At that point they can make it right or not. We can remain family or they can tell me to take a leap. I just want to know for sure what happened.
tranquility
Senior Member
There is nothing in your post to indicate a "lopsided" distribution. It seems like some took by ownership and not inheritance.
Do you have any idea of what form the $380,000 was in before it was distributed--a certificate of deposit, a bank account, pension benefits, money from insurance policies?
Is it possible (do you know for sure whether or not) the brother also had power of attorney for the aunt to handle her financial affairs? Could he have used that document to change beneficiary designations on some of the assets, which may have been illegal?
Are you hoping that the copy of the will is going to give you specific information about what her assets were and whether your mother was supposed to get a larger share of the estate and whether the will says the distribution was supposed to be equal?
DANDY DON IN OKLAHOMA ([email protected])
Is it possible (do you know for sure whether or not) the brother also had power of attorney for the aunt to handle her financial affairs? Could he have used that document to change beneficiary designations on some of the assets, which may have been illegal?
Are you hoping that the copy of the will is going to give you specific information about what her assets were and whether your mother was supposed to get a larger share of the estate and whether the will says the distribution was supposed to be equal?
DANDY DON IN OKLAHOMA ([email protected])
It seems money was taken by ownership and not inheritance. That is why I want to read the will so I will not have to assume. It is important to me to know who is friend and who is foe.
Most of the money was in cd's and regular bank accounts.
probably no POA but joint ownership of property and accounts.
The will will tell me the wishes of my Aunt. I know the distribution wasn't equal.
I am just wondering if there is anything I can do to get a copy of the will from the law office that prepared it for my Aunt. I am going to have to ruffle some feathers to get the law office name and want to know if it is even possible to get a copy of the will from them.
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