What if a will can’t be found?

YourLifeChoices member Dee says her father has died but that no will can be found. She asks estate-planning lawyer Rod Cunich for guidance.

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Q. Dee
I was the only Power of Attorney for my father. This arrangement was made prior to him getting dementia. He has recently died. He had a very small savings account, which I managed for his nursing fees, but it was never established if he had a will. Can you tell me how I can establish this?

A. There is no way to absolutely determine if a person had a will. Many people lose wills or their family simply can’t find the deceased’s will. It is very common.

In such circumstances, the intestacy laws apply. This is basically a generic will created by legislation that determines who gets what when a person dies without a will. These laws vary greatly from state to state. Any solicitor who does probate work could assist you.

Rod Cunich is a lawyer with more than 30 years’ experience who specialises in estate planning. If you have a question for Rod, simply email it to [email protected]

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Disclaimer: This information has been provided by Rod Cunich and should be considered general in nature – legal advice should be sought.

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