Imho, a few suggestions are as follows: - Did your wife utilize your financial institution's safety deposit box to store said items? - Speak to the attorney turned judge to locate these items.
We were able more than once to have someone with a dementia diagnosis sign legal paperwork. The lawyer will decide if he or she is comfortable that your wife understands the nature of the document and what it says. I suggest going to the lawyer when your wife is having a good day.
Absolutely. When my mom was deep into dementia (though she did have times of clarity), her lawyer's wife (a notary) and she came to Mom's house. She talked with Mom about the document, which was a Transfer on Death deed (called recall the exact name).
The lawyer knew Mom very well and he had earlier agreed that the ToD deed was a good idea. The ToD deed would allow us to forego probate.
His wife was slow and kind and explained the document and it would cause. I told Mom her paid-for house (which she was proud of that fact) would always be hers, that this document just made selling it per her will directive easier of us. His wife had Mom restate what the document stated and its affects --which absolutely terrified me that Mom would blank out, rightfully stopping the process. Mom did great! She signed the document and the wife notarized the document. Whew!
As others have said, you should check with the attorney who drafted the originals, but you can also check with your local Register of Deeds office. If the documents were properly recorded, you should be able to get copies from the Register of Deeds for a nominal fee.
These are likely to be in your home or in a safety deposit box. Have you checked both? Who did the Wills and POA. They will have an original of the will and POA also and can help you to duplicate your papers. This is VERY common, such as in the case of a fire, earthquake, hurricaine, etc. Call your attorney.
i appreciate your reply but attorney no longer in practice she became a judge and closed her office-may try to get in touch with her to see if she can help-i have copies but not originals?
Our lawyer made it pretty clear to us that what we were receiving from him were copies and he was filing the 'originals'.
No problem in making copies. I don't even think you need to have them notarized as long as ONE SET is 'legal'. Actually, come to think of it, I think the lawyer has 2 sets.
Things change and every few years you should re-examine your papers--a will written 10 years ago may look very very different than one you write now.
Check with your bank and see if she has a box there.
People usually have some place they keep important papers. My Mom had a drawer in her bedroom. I have a small filing cabinet. Does she have a desk, a place she does her bills and keeps copies.
As said, the lawyer who drew them up will have copies.
10 Answers
Helpful Newest
First Oldest
First
- Did your wife utilize your financial institution's safety deposit box to store said items?
- Speak to the attorney turned judge to locate these items.
ADVERTISEMENT
The lawyer knew Mom very well and he had earlier agreed that the ToD deed was a good idea. The ToD deed would allow us to forego probate.
His wife was slow and kind and explained the document and it would cause. I told Mom her paid-for house (which she was proud of that fact) would always be hers, that this document just made selling it per her will directive easier of us. His wife had Mom restate what the document stated and its affects --which absolutely terrified me that Mom would blank out, rightfully stopping the process. Mom did great! She signed the document and the wife notarized the document. Whew!
No problem in making copies. I don't even think you need to have them notarized as long as ONE SET is 'legal'. Actually, come to think of it, I think the lawyer has 2 sets.
Things change and every few years you should re-examine your papers--a will written 10 years ago may look very very different than one you write now.
People usually have some place they keep important papers. My Mom had a drawer in her bedroom. I have a small filing cabinet. Does she have a desk, a place she does her bills and keeps copies.
As said, the lawyer who drew them up will have copies.