E293 How to Find the Will

<p>How do you find the original will after someone dies? We’ll cover where to search, how to get access, and what happens if you can’t find the original.</p> <h2>Did the attorney keep the original will?</h2> <p>It is common for an attorney to hold the original will. If you have a copy of the will, the lawyer’s name is usually written on it. You can look for the name on the backer, or maybe he was a witness or the notary.</p> <p>If you don’t have a copy, check the decedent’s contacts app or rolodex for any attorneys. Don’t overlook the attorneys who don’t do estate planning; you never know what leads you will get. You can also ask the decedent’s CPA or others who may have referred the decedent to an estate planning attorney. Eventually, one of these contacts should lead to the attorney who holds the original will.</p> <h2>New York petition to search the home</h2> <p><img class="aligncenter size-medium wp-image-42969" src= "https://anthonyspark.com/wp-content/uploads/2022/11/New-York-petition-to-search-the-home-300x169.jpg" alt="New York petition to search the home" width="300" height= "169" /></p> <p>If you determine that the will must be in the decedent’s home, you need a court order to enter the home. Thankfully, court is pretty quick in issuing this kind of order, unless the will is contested. Typically, it shouldn’t take longer than a couple weeks to get the order.</p> <p>When you enter the building, you must be accompanied by a police officer or building management. The reason is that an order to search the home is different than acting with full executor powers. You will be limited to searching for documents such as the will, life insurance policies, funeral arrangements, etc. If you find the documents, you must immediately turn them over to the court.</p> <p>The procedure for searching a safe deposit box or a storage unit is substantially the same. To enter a safe deposit box, you’ll be accompanied by the bank officer. It’s better for everyone involved that there are witnesses. You don’t want to be accused