How to find out if there is a will

Question

My father died unexpectedly last year. My mother immediately got rid of all of his documents and computer. She swears that he did not have a will. She refused to post an obituary for him in newspapers, etc. My two siblings and I found 3 signed checks written out to us from my father in his desk drawer. Informed my mother of these and she destroyed them.  I have no way to find out if he had an attorney or a will. She took all of his personal possessions and sold them or hid them. She is now filing to release his ‘estate’ (now only consisting of his savings account) from probate court administration. I received a cert letter from my mother’s lawyer requesting my signature for the release of his money to my mother.  I’m not sure how to proceed with any of this... should I consult with a probate lawyer? Is there a way for me to find out if he had  an attorney or will?  Is it legal that she destroyed or hid signed checks from my father? Why do they need my signature to release from admin?

Joseph Jaap · Answer

You would have to try to find the lawyer that might have prepared his will, and then hope the lawyer retained the original.  A copy of the will might work, but maybe not.  But if you don't know where to start looking for the attorney, it might be impossible to find out.  It might be too late to do anything about what your mother has already done.  It could be impossible for you to prove what she did with his things.  Without a will, and depending on the amount of his savings account, she could be entitled to all of it.  The only way for you to find out if there is anything you can do at this point, is to consult a local probate attorney.  Use the Find a Lawyer tab to retain a local attorney to review the probate filings and advise you of your options.

Q: How to find out if there is a will