how would i find my dad's will he left me yrs ago?

Question

It is in floriday. he cannot remember where he had it prepared back in the 80's. Would if be recorded?

Answer 1

Under Indian laws, your Dad need not search the old will and he can very well write down a fresh will., which will nullify any previously written will automatically.

Answer 2

I can only tell you about South Carolina laws, since that is where I am.

A Will is not recorded until the person dies. Then it is recorded in the Probate Court, along with the death certificate and other papers required to open an Estate.

Most lawyers keep a copy of the Will in their client's file. If the original Will is lost, the lawyer can request that the Court allow a copy of the Will to be filed in its place.

Some lawyers keep the original Will in their office, if the client requests it.

Can your dad recall the name of his lawyer at that time? (Even if he can, that doesn't necessarily mean that you will still find that lawyer still in business or at the same location. If that happens, you can contact the Probate Court in the county where that lawyer was and see if they are aware of where his case files went after he stopped being in business.) Are there any friends or family who may know the lawyer's name? Can your dad recall the city he was in at that time?

If all else fails, you will have to start calling lawyers in Florida and ask if they prepared your father's Will in the 80s. Hopefully you can narrow the lawyer list down to those who were in business at that time, and you will at least know the area, county or city where your dad lived at that time.

Each state has a lawyer-referral service. Some of them are subdivided by length of service; some by area; some by type of practice, such as real estate, criminal law or family law. You will probably need to find a lawyer who specializes in Wills or one who practices general law, as opposed to criminal law or real estate, and who was in business in the 80s.

Another thing you can do is look through your dad's papers. All of them. You never know what little piece of information will prove to be helpful in your search. Maybe a photo will have a building in the background that is identifiable as being in Tallahassee (for example) and the date on the back of the photo says '1985.' From this you can start searching Tallahassee lawyers. Or maybe you'll find a tax return with your dad's address on it from 1987. From that you can start your search within that city.

Ask your dad about Florida. Maybe he will recall some detail that helps lead you to the Will or the lawyer.

Best of luck in your search! It's time-consuming, but it can be quite interesting. And you may find out some really 'neat' stuff about your dad.

I did. But it was about my friend's aunt. We actually had fun 'playing detective.' Auntie was one cool gal.