Dad had a will many years ago. Stepmom signed prenuptial since his passing, can't find will, don't know who the attorney was or if you're even still alive. How do we go about finding the will?
If it cannot be found, then however your State deals with “intestate death” becomes the process. Usually whatever assets escheat to the State, kinda in a holding pattern, till heirs are determined. Then assets distributed as per State set % for family.
Usually for intestate, the heirs will need to get an attorney to do a Lineal Heirship process. It’s a sequence of steps to determine just who might be out there that could be a heir. Lineal really is not a DIY as it has specific formatted documents in set time frames that must be properly filed. It’s not expensive per se, but more a niche that some probate atty do.
I’ve got to ask what exactly do you mean by “Stepmom did a prenuptial since his passing”. Prenups are done before the wedding and then recorded at the courthouse. It’s not an after death document. So what exactly did SM do?
This is a perfect example of why you should never hide a will, and NEVER put it in a safe deposit box. Always give a copy or two to people you trust with the instructions it isn't to be opened until your death.
Safe deposit boxes are the worst place to keep them, because if the will says who the executor is, but the executor can't access the box without the will, well, you're in a load of trouble.
Safety deposit box most common place to put one outside the house. Otherwise, you need to go through every single piece of paper and file that you can find inside the house. If you don't have any idea who the atty might have been, not much chance of finding it documented anywhere else. You could check the county records, but I doubt you'll find a copy of it. If you don't locate it, you are at square one and will have to file probate for estate without a will.
Yes, need to find the lawyer who drew it up. Did Dad have a safety deposit box? A safe in the house? If no Will can be found, its up to the State to determine who inherits. Wife gets a % and children get a % split between them in my State. Last I heard Wife gets 75% and children 25% but each state is different.
Usually for intestate, the heirs will need to get an attorney to do a Lineal Heirship process. It’s a sequence of steps to determine just who might be out there that could be a heir. Lineal really is not a DIY as it has specific formatted documents in set time frames that must be properly filed. It’s not expensive per se, but more a niche that some probate atty do.
I’ve got to ask what exactly do you mean by “Stepmom did a prenuptial since his passing”. Prenups are done before the wedding and then recorded at the courthouse. It’s not an after death document. So what exactly did SM do?
"Stepmom signed prenuptial, since his passing can't find will"
Well if prenup is on file, at least have that.
Safe deposit boxes are the worst place to keep them, because if the will says who the executor is, but the executor can't access the box without the will, well, you're in a load of trouble.
Wills don't need to treated with such secrecy.