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Some people have wall or floor safes. Those are obvious places to put a will. Such safes are often in out-of-the-way spots such as closets and garages. Make a thorough search.
Many times the will is left with the attorney who drew it up. How to find the name of the lawyer is the problem. If you find a business card of a lawyer be sure to call that lawyer or law firm. If the lawyer says the lawyer does not do wills be sure and explain the situation and ask for the names of all lawyers to whom clients have been referred for wills over the years. If the lawyer is in a law firm and says the lawyer did not do the will, ask to speak to a lawyer or paralegal in the wills and probate section to see if they have the will. A business lawyer may refer someone to the firm's probate section without a second thought and forget that the client even called to have a will made. Be thorough in your search.
If you cannot find a business card you have a harder problem. I suggest you go through all check books carefully. Look for checks to law firms. For any individual whose name you do not recognize, you will have to check the yellow pages to see if that person is an attorney. This is not an easy approach, but it sometimes will lead you to the attorney who drew up the will. You will have to go back many years, because people often do not revise their wills regularly.
Although it is often a long shot, you can call all the lawyers in town to see if they wrote the will. It the larger cities try the lawyers who advertise that they do wills. In smaller towns call each lawyer in the yellow pages. Don't forget that the deceased may have had the will drawn up long ago. You may have to check several towns. The phone company can supply you with yellow pages for any town in Texas.
Friends of the deceased are often witnesses to a will. They should be asked if the deceased ever mentioned where the will was kept or who drew it up. The deceased's address book will be a source of names to call.
Under Texas law one is allowed to file the will at the courthouse. This was more common in the past than it is now, but do not neglect to call the courthouse (ask for the Probate Division) to see if the will was filed at the courthouse.
If you find something after the search, take it to a lawyer. Certainty of wills, "old" wills that have been replaced with new ones and even unsigned copies can be useful to an attorney. They are not the same as a signed will, but the lawyer often finds such "copies" very helpful.
As you can see, finding a "lost" will is not easy. As with many aspects of life, prevention is the best policy. Try to get your loved ones to tell you where they intend to keep their wills and at which bank their safe deposit box is. I know this is not always easily done without appearing "greedy," but it will be extremely difficult to carry out the wishes of the person who made the will if that person does not let someone know where the will is kept.
Additional Telfon Resources
Teflon - Dupont - Attorney
Get the "Scoop"
lawwatch.blogspot.com
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