How Do You Find Out If Someone Has A Will?
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Question:
How do you find out if someone has a will?
Response:
You state your question in the present tense, asking if someone has a will rather than if they had one, meaning I presume that they are still alive. If that’s the case, then you can only find out if they’re willing to tell you.
There’s no public repository for wills while the individual is alive. If they hired an attorney to assist them in creating the will, they cannot tell you anything due to attorney-client confidentiality.
The one possible exception to this rule is if the individual has been declared legally incompetent by a court. Then their court-appointed guardian or conservator can have access to their will and other estate planning documents. They can also choose to share them with others, but they’re not obligated to do so. In effect, they step into the shoes of the individual for whom they’re caring and can choose to divulge the existence of a will or not as they deem appropriate.
After the individual has died, matters change. Then anyone in possession of the deceased person’s will is obligated to hand it over to the named personal representative or to file it with the appropriate probate court.
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