Where do I go to find out if I am over here estate? 29 Answers as of June 16, 2014

My mom passed away three years ago and I still don't know if I am the head over her estate. We hired a lawyer and he said that he filed all of the paper work to make me head but now I can’t get in touch with him. Where do I go to get the paper work saying that I am the head of her estate?

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Check with the County PROBATE court and hire an new attorney.
Answer Applies to: Michigan
Replied: 6/16/2014
Stephens Gourley & Bywater | David A. Stephens
If he filed the papers you can get a copy at the courthouse.
Answer Applies to: Nevada
Replied: 6/12/2014
Law Office of Denise M. McBride
Law Office of Denise M. McBride | Denise McBride
Did your mom have a will? If so, the will itself should have named you as the personal representative. If your mom died without a will and you think an attorney filed a probate administration petition, you should check with the county court, probate division. If you were named personal representative on the petition, you should have received notice from the court.
Answer Applies to: Florida
Replied: 6/12/2014
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
You can check with the probate court clerk in the superior court of the county where your mother resided. There should be a court file for any case filed on behalf of your mother's estate.
Answer Applies to: California
Replied: 6/11/2014
Danville Law Group | Scott Jordan
Do you know if a probate was ever opened for your mother's estate? You can check by going to the county court's website and looking up your mother's name. If you have not received any information in 3 years, it is unlikely that you are the "head" of the estate.
Answer Applies to: California
Replied: 6/11/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    By now the estate should have been settled and closed. Contact the probate court in the county your mother resided at the time of her death to see if the paperwork has been filed. If it has and it names you as the executor, file a complaint against the lawyer with the state's bar association or Supreme Court on the grounds that he hasn't provided you with the the documents that authorize you to serve as executor. If the paperwork hasn't be delivered, file the complain on the grounds that he took your retainer, didn't do the work, and can't be contacted. In either case, you need to hire a new attorney.
    Answer Applies to: Nebraska
    Replied: 6/11/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    A petition for probate is filed in the Superior Court of the County of Mom?s residence. You can index Mom?s name at the court and see if the petition was filed, and if so, the hearing date. After the hearing, the court will issue ?Letters?, which is your proof of your position.
    Answer Applies to: California
    Replied: 6/11/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    To the court where the paperwork was filed obtain a copy, typically the county of the death of the decedent.
    Answer Applies to: California
    Replied: 6/11/2014
    Kirby G. Moss PC | Kirby G. Moss
    The Court in the county where the estate was opened should be the place to start.
    Answer Applies to: Indiana
    Replied: 6/11/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Go to a new lawyer and bring all the papers you have to him or her.
    Answer Applies to: California
    Replied: 6/11/2014
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    You can go to the probate court in the county where she was a resident and see if an estate was opened. Many counties have online databases you can check. Three years is an unusually long time to wait to be appointed. It should not take that long unless there was a dispute with other beneficiaries or some other problem.
    Answer Applies to: Ohio
    Replied: 6/11/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    To the circuit court for your county; there will be a file for the probate proceeding.
    Answer Applies to: Oregon
    Replied: 6/11/2014
    Law Offices of George H. Shers | George H. Shers
    Go to the courthouse where the Will was filed for probate and read through all the documents to see what the attorney has actually done. The hearing to appoint the administrator of the Will should have occurred a long time ago. Then e-mail the attorney and tell him/her what you have found out and ask for an explanation as to why he/she has not done what is required. If there i s no valid explanation, which probably is the case, demand a refund of any money you paid the attorney and a return of the entire file, without any charge for the documents. Read a book, such as by Nolo Press, on how to handle a probate to see what needs to be done and if you can do it yourself. Otherwise, hire a new attorney and tell him/her what happened with the old attorney so that it does not happen again. depending upon what the old attorney says, consider reporting him/her to the state bar for improper delays and behavior.
    Answer Applies to: California
    Replied: 6/11/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    You should be able to go to the court in the county he filed with to get a copy.
    Answer Applies to: California
    Replied: 6/11/2014
    C Page Hamrick Attorney at Law | C Page Hamrick
    FOR WEST VIRGINIA ONLY: You should go to the local courthouse, to the Fiduciary Supervisor's office for information, and you can review estate filings at the County Clerk's recording office.
    Answer Applies to: West Virginia
    Replied: 6/11/2014
    Gates' Law, PLLC | Thomas E. Gates
    See the court clerk, she can tell you if you have been appointed executor of your mother's estate. If not, retain another attorney to assist you.
    Answer Applies to: Washington
    Replied: 6/11/2014
    Frederick & Frederick PLC | James P Frederick
    If the paperwork was filed, it would be with the Probate Court in the county where your mother resided at the time of her death. Many counties have online records you can search. If the county in question is not one of them, then you should call the court directly. Three years is a very long time in probate. Even if you WERE appointed Personal Representative, if you did not stay on top of things, the estate would likely have been administratively closed by the court.
    Answer Applies to: Michigan
    Replied: 6/11/2014
    James Law Group
    James Law Group | Christine James
    Look on the court website or ask an attorney for help. It sounds like you need to find a new attorney to get the estate going again.
    Answer Applies to: California
    Replied: 6/11/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Contact the Court Administrator's Office for the county of your mother's residence at the time of her death. Assuming that the attorney filed a petition to probate the estate and to have you named as (Personal Representative) (Executor) (Administrator) of the estate, this is a public file and you have the right to view it. If the documents you seek were in fact filed, they will be found in this file.
    Answer Applies to: Minnesota
    Replied: 6/11/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Did you call his office? Send a certified letter? If those do not work contact the state bar. Maybe he died, moved, etc. check the Cory records where your mother died. You have lots of options.
    Answer Applies to: Nevada
    Replied: 6/11/2014
    Busson & Sikorski, PC | Robert S. Sikorski
    I cannot help you search unless you give me the state and county which had jurisdiction over your mother's estate.
    Answer Applies to: New York
    Replied: 6/11/2014
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    Generally, an attorney would open a formal administration of your mother's estate in the county where your mother passed away and as part of the administration would file a petition and other documents requesting the Court to appoint you as the personal representative of your mother's estate. If the papers were filed, then there should have been a case number and a Judge assigned. You can find out from the Clerk of Court of the County at issue if in fact there is an open probate action. It usually takes some time since the documents are first filed for the Court to sign Order/Letters appointing you the personal representative.
    Answer Applies to: Florida
    Replied: 6/11/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    A will must be filed with the clerk of the circuit court for the county where the decedent resided at death. A probate case must be filed in that same county. If there is no will than any interested person can open the probate estate. The court will appoint the estate representative. As a child of the decedent you and your siblings would have an equal priority to being named as the representative by the court. If papers were filed by the attorney then a court case would have been opened and all papers would be part of the public record and available for examination and copying at the office of the court clerk. The case file would have the record of the progress of the probate case and any order of appointment for the representative.
    Answer Applies to: Illinois
    Replied: 6/11/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    If the paperwork was filed in a major county, it's probably online. You can go to the county's probate web site and search your mother's name.
    Answer Applies to: Texas
    Replied: 6/11/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Start with getting the file from the lawyer you hired.
    Answer Applies to: Michigan
    Replied: 6/11/2014
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    The probate petition would have been filed in the probate court in the county where your mother resided at the time of her death. Check with that court.
    Answer Applies to: Michigan
    Replied: 6/11/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Check with the probate court to see if any papers were filed and probably you should get a new lawyer.
    Answer Applies to: Michigan
    Replied: 6/11/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    You can go to the circuit court in the county where your mother died and ask for the probate division. Ask to see if an estate was opened in your mother's name. Then you can go from there. However, if you can not locate the attorney you retained, you would have to retain another before you can move forward.
    Answer Applies to: Florida
    Replied: 6/11/2014
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