My father is in hospital dying,need to obtain a copy of his will, how can I?
I am his enduring POA and We have a copy of his will already but we need to know if any codicils were entered which we did not know about. not expected to live much longer
I too offer sympathy for your situation, and hope that your father's last days are peaceful, and that you are able to say your final goodbyes.
As to any Codicils, there are a few options:
1. Look at the paper on which the Will is printed. Assuming it was prepared by an attorney, it might be on what used to be known as pleading paper, with the left margin line including identification of the legal firm. If this is the situation, contact them. They'll know if any Codicils were prepared.
Decades ago, attorneys used to "blue back" wills and codicils. These thicker pieces of blue paper had identification names of the law firms of the attorney who prepared the documents.
2. If your state requires filing of Wills prior to death, contact the local county office, find out which department handles filing of wills and codicils, and ask them.
3. I'll mention this anyway but assume you've already done this, and that's to search any lock boxes, safes, or files or cabinets where your father kept his legal papers.
4. Lastly, contact whoever is named as Personal Representative, Executrix or Executor under the Will and ask them if they're aware of any Codicils. Ideally, they would have copies of documents that they would be administering.
I also hope your father passes without pain. After he passes, take some time to compose yourself, then you can start focusing on the will and his estate,if you're the executor.
I apologise: re-reading my reply, I realise that I focused on the question and completely overlooked that I was addressing a person whose father is gravely ill and expected to pass away. Please accept my apologies, and my wishes for this time to go gently with you and your family.
Your Enduring Power of Attorney will cease on your father's death. After that, immediately after that, his affairs become the responsibility of the executor(s) of his estate, who may or may not include you.
If you are the executor you should have been told and you should know who is keeping the document safe. If it isn't at your father's home among his papers, did he have a lawyer?
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As to any Codicils, there are a few options:
1. Look at the paper on which the Will is printed. Assuming it was prepared by an attorney, it might be on what used to be known as pleading paper, with the left margin line including identification of the legal firm. If this is the situation, contact them. They'll know if any Codicils were prepared.
Decades ago, attorneys used to "blue back" wills and codicils. These thicker pieces of blue paper had identification names of the law firms of the attorney who prepared the documents.
2. If your state requires filing of Wills prior to death, contact the local county office, find out which department handles filing of wills and codicils, and ask them.
3. I'll mention this anyway but assume you've already done this, and that's to search any lock boxes, safes, or files or cabinets where your father kept his legal papers.
4. Lastly, contact whoever is named as Personal Representative, Executrix or Executor under the Will and ask them if they're aware of any Codicils. Ideally, they would have copies of documents that they would be administering.
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Your Enduring Power of Attorney will cease on your father's death. After that, immediately after that, his affairs become the responsibility of the executor(s) of his estate, who may or may not include you.
If you are the executor you should have been told and you should know who is keeping the document safe. If it isn't at your father's home among his papers, did he have a lawyer?