What to do if my father passed away last year and I need a copy of his Will but I don’t have the name of the attorney who drew it up?

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What to do if my father passed away last year and I need a copy of his Will but I don’t have the name of the attorney who drew it up?

Called the county clerk and was advised to call the superior court. Unable to get a copy from my brother who states he is the executor of Will but I never got any proof of this.

Asked on March 22, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  If your brother claims that there is a Wll and he is the executor, but has not presented it to the court for probate or to be appointed as executor, then I might suggest that you file to be appointed as the personal representative of the estate in an Administration proceeding, as if your Father died with out a Will.  This will prompt your brother to either file the Will or fess up that there is none.  Get legal help.  Good luck.   


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