Do you need a lawyer to draft a will?
Although you can draft your own Will, it is important that you hire a lawyer as a first step he/she can ensure a smooth process with all details and information that should be put within a Will. A testator should first of all prepare his/her mind on how the property is to be managed and distributed and then put it on paper.
Can a lawyer toss a will into the trash?
If your loved one left his last will and testament with his attorney for safekeeping, the attorney can’t toss the will into a trash bin when he decides to retire or close his office. Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents.
Can you get a copy of a trust?
Sometimes the lawyer who drafted the Trust will keep a copy, sometimes they won’t. It depends on the lawyer. So it’s not that easy to get a copy of the Trust if the person who has it won’t hand it over to you. So we’re going to talk about how to get that trust document.
What can a lawyer do if a will is missing?
Not only do the laws in most states prohibit this, lawyers have an ethical responsibility to safeguard their clients’ documents. However, this might not do you much good if you can’t find the attorney to ask where he placed the will. You’ll have to do a bit of detective work instead.
Can a lawyer deliver a will to a client?
A lawyer may instead deliver the original will to the client, along with appropriate advice concerning its safekeeping. Nevertheless, safekeeping the client’s will remains an appropriate function for a lawyer to perform, and many lawyers do it (though not as many as in years past).
Can a deceased person have a copy of the will?
The deceased person’s lawyer. If the deceased person hired a lawyer to draft the will, the lawyer may have the original signed document or a copy of it. If you think that’s the case, call the lawyer to notify him or her of the death.
Can a photocopy of a will be probated?
A photocopy of a will can be probated, but someone could contest the will by claiming that the original was revoked instead of just being lost. A lot of attorneys offer to keep the original wills they prepare for their clients, at no charge. They do this so they can probate the estates of their clients.
How can I get my will transferred to another attorney?
Your wills could have lodged with the Superior Court. Or, they could have transferred your wills to another attorney while giving notice to the California State Bar Association. Check with the Superior Court in the county where the lawyer had his office. If that doesn’t work, check with the State Bar.