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Mother's Lawyer Gone

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Location: Overland Park  |  Law type: attorneys referral & information...
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My mother and father have will with Vancrum lawfirm which has been gone a number of years now. 

 

Where can I go to get into this will?

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Legal Solution

The response provided below is specific to attorneys referral & information... in the jurisdiction of Overland Park. The previous inquiry was brief, complicating a thorough response.

When a law firm such as Vancrum Law Firm, which previously managed your mother and father's will, is no longer in operation, it's understandable that concerns about how to access or manage the will can arise. It is crucial to know the steps you can take to retrieve the will and ensure your parents' wishes are honored.

Legal Framework and Relevant Resources

Given the nature of your query, specific statutes and legal provisions related to wills, estates, and probate law are relevant. However, without direct links to local statutes, I recommend visiting the homepage of the Kansas Judicial Branch for comprehensive resources and information on probate law in Kansas, as well as the Kansas Bar Association for guidance and referrals.

Possible Solutions to Access the Will

  1. Contact the Kansas State Bar Association: They can provide referrals to probate lawyers in Overland Park who specialize in handling cases where the original law firm is no longer available.

  2. Probate Court Inquiry: File an inquiry with the Johnson County Probate Court. If the will was filed with the court by the law firm, it would be part of the public record.

  3. Former Firm Associates: Try to locate any attorneys or staff who were part of Vancrum Law Firm. They might have records or can direct you to where the firm's wills were transferred.

  4. State Bar's Attorney Registry: Attorneys are required to have a succession plan for their practice in case of their firm closing. The Kansas State Bar might have records of where Vancrum Law Firm's client files were transferred.

Pricing Table for Legal Services

Service Offered Average Price in Overland Park (USD) Difference from National Average
Initial Consultation with a Probate Lawyer $250 - $350 +10%
Full Probate Legal Representation $3,000 - $7,000 (Varies by estate size) +15%
Document Retrieval or Will Search Fee $100 - $200 +5%

Note: Prices vary based on the complexity of the case and the reputation of the law firm. Overland Park might experience slightly higher legal fees due to its location and the expertise required for such specialized services.

Why These Cases Can Be Complicated

  • Lack of Clear Succession: When a law firm closes without a clear plan for document management, finding critical legal documents can become challenging.

  • Case Studies:

    1. Estate without a Will: Requires detailed legal navigation to ensure state laws are appropriately followed.
    2. Disputed Will: Involves litigation which can significantly increase costs and time.
    3. Lost Will: Similar to the present case, requires extensive search efforts and possibly re-establishing the will through legal procedures.

Relevant Questions for the User

  1. Have you attempted to contact any former employees of Vancrum Law Firm? This can help in locating where the wills were transferred.

  2. Is there any known family attorney who might have information on the whereabouts of the will? Sometimes, families use more than one attorney for different purposes.

  3. Have you checked with your local probate court to see if the will was filed there? Some wills are filed with the court for safekeeping.

Common Questions and Answers

Q1: What happens if we can't find the will?

If the will cannot be found, the estate will likely be treated as intestate, meaning state laws will determine how the assets are distributed among heirs.

Q2: Can a new will be created if the original is lost?

Yes, a new will can be created, but it must go through the proper legal process to ensure it reflects the person's current wishes and adheres to state laws.

Q3: How long does the probate process take in Overland Park?

The probate process can vary significantly, from a few months to over a year, depending on the estate's complexity and whether there are any disputes.

Q4: Are there alternatives to probate?

Yes, several estate planning tools can help avoid probate, such as living trusts, joint ownership, and payable-on-death accounts.

Q5: What should I do if I suspect the will was tampered with or destroyed?

You should consult with a probate lawyer immediately to explore your legal options and potentially initiate litigation if necessary.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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