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Thank you All for your responses! The Will has been found. Our lawyer has the "Original" Will signed by my Mom. I have a "copy of the original" and one stamped "copy" too. I guess I had asked her to keep the "Original" for me when I met with her following the loss of my mom.
I find much strength in all of your responses and in the Questions others post too. This site is where I turn when I have a question or a concern. I hope I can also provide help to others as I am beginning to understand my position and so many other things we need to be aware of when acting as POA etc.... with much more clarity.
So glad the will was located, that has to be a huge relief. Appreciate you letting us know of your success. Definitely stick around, you’ve earned hard won knowledge that can help others. Merry Christmas!
Some states require the original, like Arizona, and without it you are SOL. Happened to my cousins and we thought we had looked everywhere, in every container. They had to move forward without it and 2 years later found it in an improbable location. I would search everywhere, even places that make no sense at all, if your state requires the original.
1.Contact the lawyer who drew it up to see if he/she has the original. If not ask the lawyer if he can state in a court of law that the copy is the same as the original. Also ask the two witnesses if they will testify as to their signature. 2. If you are good at research, look up your state law about wills that are not original (only a copy of the original) For example if the descendent died in AZ and there is no original will and only a copy, in many cases the probate judge will not allowed it to be entered and the property passes to the next person with right of succession as if there is no will. Also, you may want to look up succession laws. 3 Because each state is different and due to the complexities of the probate law, I would advise you to consult a VERY experienced Probate attorney who has LITIGATION experience. (not a general law attorney) You should be prepared to spend 300 to 700 an hour. It is worth it! You need to know how to protect your rights and understand your position. Even if it is only a one-time consult do it. 4. By the way if you have been named the executrix or appointed by the court that is the "golden ticket" and the legal fees can be covered by the estate. You can also charge the estate for your time.
In my state, the will isn't filed anywhere until the probate process begins after the person dies. My attorney instructed me to keep the original will, and she has a copy.
There are two originals, one in your hands and one in the attorney office where will was written (hopefully) so I would start with contacting the attorney listed on the will. Meanwhile, KEEP LOOKING.
I agree to call the orignal attorney to get guidance.
It's easy to misplace important paperwork if you have a lot to manage. I got a fireproof file-sized locking safe and keep all important paperwork in one location.
You will definitely want the original will if the estate is being probated.
That being said, will the estate need to be probated?
Is it a “small“ estate? if the will doesn’t cover a certain dollar amount of assets, then the rules are easier.
Remember that a lot of inheritances don't actually pass through a will. Jointly titled accounts. Designated beneficiaries for retirement or brokerage accounts.Real estate with Survivor rights.
Are the will’s beneficiaries different than those for decedents who didn’t have wills at all?
How litigious/contentious are the possible heirs?
For legal advice, you can rely on, consult an appropriate attorney.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I find much strength in all of your responses and in the Questions others post too. This site is where I turn when I have a question or a concern. I hope I can also provide help to others as I am beginning to understand my position and so many other things we need to be aware of when acting as POA etc.... with much more clarity.
2. If you are good at research, look up your state law about wills that are not original (only a copy of the original) For example if the descendent died in AZ and there is no original will and only a copy, in many cases the probate judge will not allowed it to be entered and the property passes to the next person with right of succession as if there is no will. Also, you may want to look up succession laws.
3 Because each state is different and due to the complexities of the probate law, I would advise you to consult a VERY experienced Probate attorney who has LITIGATION experience. (not a general law attorney)
You should be prepared to spend 300 to 700 an hour. It is worth it! You need to know how to protect your rights and understand your position. Even if it is only a one-time consult do it.
4. By the way if you have been named the executrix or appointed by the court that is the "golden ticket" and the legal fees can be covered by the estate. You can also charge the estate for your time.
I wish you the best.
Call the attorney who wrote it up.
Gena / Touch Matters
It's easy to misplace important paperwork if you have a lot to manage. I got a fireproof file-sized locking safe and keep all important paperwork in one location.
That being said, will the estate need to be probated?
Is it a “small“ estate? if the will doesn’t cover a certain dollar amount of assets, then the rules are easier.
Remember that a lot of inheritances don't actually pass through a will. Jointly titled accounts. Designated beneficiaries for retirement or brokerage accounts.Real estate with Survivor rights.
Are the will’s beneficiaries different than those for decedents who didn’t have wills at all?
How litigious/contentious are the possible heirs?
For legal advice, you can rely on, consult an appropriate attorney.