Where is the Will?

Today, after almost 49 years of practicing law, I decided to cut back and work less hours. I don’t know if working less hours is working but in the last thirty days the same problem has come up four times.

The calls all had one thing in common: mom or dad died and I can’t find where they kept their wills. This could be a problem if you cannot find the will. It raises the question as to whether the will was revoked, destroyed or changed. In some instances, we can probate a signed copy of the will if we can find one. It is more expensive and time consuming to do this, because the courts are worried about fraud and there are many hoops to jump through.

My suggestion is to have a talk with your parents and family and ask them where they keep their wills. Perhaps they will give you a copy or the original for safe keeping. If there are family issues or turmoil, it may be better to deposit the will at your local Probate Court for safekeeping.

In my four cases, I had a copy of their parents’ signed wills and the problems were solved but at a higher cost.

Feel free to contact me by email: jjurbanlaw@gmail.com, should you have any questions about this article or have ideas about a future one.

Atty. John J. Urban