If my mother passed away but we cannot find her Will, what should we do?

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If my mother passed away but we cannot find her Will, what should we do?

Asked on October 22, 2014 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Did you check with the lawyer that drafted the Will?  If he or she kept a copy then there are laws that allow for the copy to be admitted to probate.  You just have to do a little more paperwork.  If you know the contents of the Will you and the other beneficiaries can also agree on the disposition of the proceeds.  The final option is to dispose of the property via the intestacy statute in Indiana, as if she passed with out a Will.  Good luck.


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