my mother passed and all we can find is a copy of her unsigned will. the attorney who prepared is no longer in business, moved out of state ...

Question

my mother passed and all we can find is a copy of her unsigned will. the attorney who prepared is no longer in business, moved out of state and law firm claims no record of such will. what can I do

Answer

I'm sorry to hear about your mother. If you can't find the original, and the law firm doesn't have it, the only other common places I can think of:

1. Check the county clerk's office. Sometimes people will store wills there for safekeeping.

2. See if your mother had a safe deposit box with her local bank

3. Double check your mother's important papers.

Failing all of that, you can go to probate without a will. It will likely be treated as an intestate succession (i.e. as though she passed without a will.) It's very common. If the will deviated from intestate succession, you can have all of the heirs agree to abide by the will's terms using a settlement agreement.

Feel free to call me if you wish to discuss further.

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