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What to do if you cannot find a parent’s will

On Behalf of | Feb 26, 2019 | Wills |

After writing a will, it is critical to store it in a place that is easily accessible to all relevant parties. A copy should remain at home, and the person’s attorney should also retain a copy. 

It feels frustrating when a parent goes through all the trouble to make a will and no affected parties can locate it. Many people do not think about this practical manner when it comes to estate planning, but it is essential to make things easier during an already difficult time. For loved ones, here are steps to take when a deceased person’s will is nowhere around. 

Widen your search

You should check with your parent’s attorney to see if he or she has a copy. From there, you can peruse around the house to see if it is inside a safe. From there, you want to check with the courts. Many people decide to register the will with the court. You can also contact your parent’s bank to see if your mom or dad kept a safety deposit box there. If a will still does not turn up, then you should speak with business partners and other close friends. Someone may be able to point you in the right direction.

Provide a copy

Courts want the original copy of the will. If you have only a copy, then it is possible the judge will revoke it. However, it is possible the judge will accept it if it still has all the proper signatures. The problem with a copy is that the person may have revoked the will before passing away. A copy may not be a current, accurate reflection of what the person wanted to do with his or her assets. You can fight this in court by saying the deceased still maintained a strong relationship with the main beneficiary and would have had no intention to revoke this version of the will.