How do I obtain a will for a person who is still alive? 10 Answers as of May 11, 2015

My grandmother is still alive and had a will drawn up over 8 years ago when my grandfather was alive. She is unable to find a copy and does not remember which attorney helped her with her will. Is there anyway of obtaining the attorney's name or a copy through the county? This will all be with her consent.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Wills aren't usually recorded with the county in California. If your grandmother still has capacity you could do a new will or even a trust. It might be wise to talk with an attorney about alternatives to wills and trusts to protect her estate from claims when she passes.
Answer Applies to: California
Replied: 5/11/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
No. Keep searching.
Answer Applies to: California
Replied: 5/8/2015
Law Offices of George H. Shers | George H. Shers
As other responses have told you, the court will not have a copy of any Will unless it was filed in a probate case [meaning that person has already died]. The best thing to do is just write a new Will stating that the old one is revoked. Look into setting up a Trust to avoid probate but speak to a probate attorney first to see what the tax implications are.
Answer Applies to: California
Replied: 5/8/2015
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
No, her Will would not have been recorded with the county or made publicly available. She can simply make a new Will (assuming that her current mental health allows her to do so). Her new Will would supersede her old Will.
Answer Applies to: California
Replied: 5/8/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
It is possible that it can be found where she keeps important papers or that a lawyer can enlist the help of other lawyer through a list-serve. Best is to have her make a new will.
Answer Applies to: California
Replied: 5/8/2015
    James Law Group
    James Law Group | Christine James
    No. If she still has capacity, she should write a new will. Will's are not public documents, so if they are lost, they cannot be considered unless there is a copy and proof of lost original. Have her see an attorney to draft a new will.
    Answer Applies to: California
    Replied: 5/8/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    She needs to make a new will revoking the old.
    Answer Applies to: California
    Replied: 5/8/2015
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    No. Wills are lodged with the court upon the individual's death when probate proceedings are initiated.
    Answer Applies to: California
    Replied: 5/8/2015
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    Unfortunately, there is no public repository of wills. Was there a probate or other court proceeding for your grandfather's estate? Was an attorney used in transferring a deed for any real estate? If the answer to either of these questions is "yes," you should be able to find some information in the probate file or on the papers surrounding the new deed that might help you track this down. Best of luck to you.
    Answer Applies to: California
    Replied: 5/8/2015
    WFB Legal Consulting, Inc.
    WFB Legal Consulting, Inc. | William F. Bernard
    I would pursue a Living Trust which can state that all prior Wills/Estate documents have been revoked, or you can pursue a new Will under same scenario, but you will face probate court upon death unlike having a Trust, which will avoid Probate. Typically a Will is not filed so you will not locate it at any public office.
    Answer Applies to: California
    Replied: 5/8/2015
Click to View More Answers: