Finding a will

[FreeTime]

My MIL passed away a year ago and her husband is refusing to give up the will. How can I get a copy of it? I don't know what lawyer prepared it and I have search county records but can't find it. Any suggestions?
Thanks!

 

[ducklite]

In most states a will is required to be filed with the probate court within a certain period after the persons passing, even if the estate stays outside of the court. I'd start there.

Because laws vary widely from state to state, I'd speak to a lawyer. Most offer a free initial consultation, and if they can't do anything for you, most will be honest about it upfront.

Good luck!

Anne

 

[joshsmom]

I live in Illinois and had to make out a will in September. What the lawyer told me was that (in Illinois anyway) copies of wills are NOT acceptable. He told me to put my original in my safety deposit box and if I wanted, keep a copy in a safe place at home and then tell my family members that the original is in the safety deposit box. I then put my mother on the box as a co-owner so she could open it in case things didn't go well. Luckily we didn't need it, but now everyone knows the routine here.

Don't know if it's the same where you are or not.

 

[mcnuss]

If he has not probated the will, you will likely not find a copy of it anywhere public. Even if you found the lawyer who prepared it, s/he would not be obligated to give you a copy. If the husband won't give it to you, I am afraid you are out of luck.