How can I fulfill the wishes of my deceased family member if I cannot find his or her last will and testament?

We have been hearing this question and many other questions about defective last wills recently. If you have been unable to find the last will, I can make some suggestions about where you might find it.

If you have in your hands an original will that looks strange, it may have some defects. Don’t throw the baby out with the bath water. That defective will might be better than having no last will. The solution for a defective will depends on the defect. We don’t have enough time in the day to explain every plausible scenario because truth is often stranger than fiction. You will probably need some legal advice about the specific facts and circumstances of your situation.

Some of the defects we have seen recently are:

• Executor’s name is wrong;
• Executor is deceased;
• Executor has alzheimers;
• Executor has a felony;
• Real estate not specifically named in the will and no other residuary provision;
• No specific gifts and no residuary provision;
• Trust document appoints an executor of a will. I call this the Frankenstein because it was home made and contained a mixture of trust words and last will and testament words
• Specific gift of contents is not clear about contents of what;
• No disposition of remains – dispute over cremated remains;
• Not self proved and witnesses cannot be found;
• Executor not independent;
• Specific gift of bank account ambiguous

Like I said before, probate of a defective last will may not be as bad as probate without a last will. So where should someone look if a last will is difficult to find?

• At home where important documents are kept;
• Filing cabinets;
• Home safe;
• Dresser drawers;
• Bank safe deposit box;
• Check court house probate clerk for safe keeping;
• Book case;
• Top of closet;
• Shoe boxes;
• Brief cases;
• Back packs;
• Reusable grocery sacks;

These are just some ideas I’ve heard about over the last fifteen years and seven thousand people Ives talked to about last wills. I hope this video has been helpful. If you have some ideas that I have not included please share it in the comments. You might be helping someone else. I’m Todd Marquardt attorney for Marquardt Law Firm. We focus on business and estate law including last wills living trusts and tax protected inheritance plans. We empower our clients to tax efficiently protect and preserve assets reduce family conflict and maximize government benefits. Our phone number is 210-530-4278 learn more at Marquardtlawfirm.com Update your will make sure it is effective and store it somewhere safe. Call us at 210-530-4278 or chat online with us at Marquardtlawfirm.com.