How can I find that attorney that drafted my uncle's will?

debodun

debodun

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Location
way upstate in New York, USA
I found a will that my uncle that passed away in July had made in 1986. In it, he named his two sisters as his co-executors. However, since 1986, one had passed away and the other is mentally incapacitated with Alzheimer's.

There is a clause naming a successor executor who was the attorney that drafted the will. The firm had long been out of business. I spent a weekend trying to find this lawyer and all I could learn is his age (now 67), what law school he attended and his registration number. For a lawyer, he is keeping his whereabouts very difficult to locate.

I even contacted the state Bar Association who referred me to the Office of Court Administration. All they gave me was an address in a nearby town which is probably his private residence going by the Google map of it. I ran the address through an Online phone number finder and it came up with a number. I called it, but nobody answered.

I am not sure now how to go about contacting him and even if I manage to, he may refused to be the executor now.

Any suggestions?
 

Yes, consider contacting the Probate Court clerk and ask for their suggestion. You can also contact another attorney specializing in estates and ask for a consultation.
 
I believe the probate court can appoint an executor. Must happen all the time.

As far as contacting the former lawyer, you did all the right steps starting with the state bar association. Also try www.martindale.com. It is a listing of lawyers across the country. Quite extensive, but I think you have to pay to be listed. Check it out. May yield some info.
 

Oy that I believe such things can be different state by state. Even different by counties in a state. You need an attorney that really knows their stuff.
 
LegalZoom is a good resource too for asking these kinds of questions (legalzoom.com). Here's an excerpt under its Wills and Trusts section (http://info.legalzoom.com/executor-dead-21409.html)

In that type of situation, the court will determine if you have named any alternate executors or co-executors in your will. If so, the court will probably appoint one of those individuals unless all of them are unavailable because of death, incapacity or unwillingness to serve. If none of the alternates can be appointed, the court may consider other family members or a distinerested third party such as an attorney or an organization that handles estates professionally.
 
If you have the address, send him a letter, but make sure it is registered with a return receipt. Ask him if he is the atty. that worked for such and such law firm and that if he is that person could he contact you regarding a document he drew up for your
uncle? I would not go into details just in case it may not be him. Keep track of everyone you have spoken to and each attempt you have made to reach him.(just in case you would need it later) Are you certain that was his last will, I mean 30 yrs is an old will, people generally update wills but I guess not in every case. Keep digging in the meantime.
 
Normally when attorneys retire, they're required to notify all of their clients and to advise who will take over their caseload. But I agree with Carla that 30 years is a long time and perhaps that attorney no longer had a current address for your uncle.
 
I would start by sending a letter to the address the Court gave you. And I'd keep trying to call that number. If you can't find him, I'd just take the matter to another probate attorney and let him sort it out. Sounds like the will is going to have to be probated, so you're going to have to have an attorney anyway.

I agree with Bobw235, this happens all the time, and the probate court will have a way to proceed without that named executor if he is dead or cannot or will not serve.
 
I would call a Private I who specializes in finding people. They do this for a living.

It is worth the money if it does not take too long.
Look them up on the internet or even phone book.
 
Publish a letter in the local paper saying you are settling his estate and the attorney who made up the will has not been paid for all his services.
 
I'd quit worrying about finding him myself and hand the whole mess over to the probate attorney. You may be expending time and money trying to find the guy yourself when the court requires the probate attorney to do it all again in the course of handling the probate. And the time you're spending on it is just dragging out the thing. If you're a beneficiary the court probably won't take your word that you've exhausted all reasonable methods to find the executor anyway.
 

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