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Probate attorney help

1,104 Views | 14 Replies | Last: 28 days ago by aggiebs14
aggiebs14
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AG
What happens to an attorney's files after they stop practicing? My fiance can't get a hold of his mothers will and nobody in Burnet County (where lawyer practiced) can help us. The attorney who wrote the will is no longer practicing and we can't find the will. Any and all help/ recommendations are appreciated!
Milwaukees Best Light
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AG
Nobody has a copy?
Brush Country Ag
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AG
If it was probated, it should have been recorded in the county courthouse.
Brush Country Ag
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AG
Brush Country Ag said:

If it was probated, it should have been recorded in the county courthouse. It should be a part of the probate document that was recorded.
OldArmyCT
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AG
Don't lawyers have to files wills with the county after they're written?
MAS444
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AG
If the lawyer is still alive, what does he say? He should have prserved all of his old files somehow.
shovel pass
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AG
https://www.texasbar.com/Content/NavigationMenu/ForThePublic/FAQ/Locate-Your-Files.pdf
MAS444
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AG
Also, can you share the attorneys name? Feel free to PM if you'd rather and are able. I have attorney contacts in that area and would be happy to help
Tex100
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AG
If you have the original as a lawyer you have to return the Will to the client or deposit the Will with the county clerk. Doesn't mean it got done.

We don't keep client's original documents any more. Do you have a copy?
Tex100
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AG
OldArmyCT said:

Don't lawyers have to files wills with the county after they're written?
. No
permabull
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AG
I honestly didn't know the lawyer who drafted the will kept a copy.

Not a lawyer but I was once told by one it's very important to know what happened to the original will because a will can be revoked if the person tears up their own will, so a copy might not be enough unless you can say the original was lost in a fire or something.

I keep my will with the person named to be the executor so there is no doubt I didn't revoke it because I don't have physical control over it.
birdman
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In Texas the attorney doesn't file until the client passes away. Some states file them with their County Clerk. For safekeeping before the death.

Most attorneys sell their practice upon retirement. See if his practice was bought out by another attorney.
aggiebs14
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AG
Fianc's mom had the will at her house. She recently passed, last we knew the will was at her house. But she had a live in boyfriend who may have hidden it from fianc who is executor of the will.
aggiebs14
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AG
Thanks for this, we are contacting these people now!
aggiebs14
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AG
Gene Stratton
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