Its been almost 12 years and my husband's will has not been probated.The lawyer I had says he can't find it, and for me to get another lawyer or call these places and have them make out a check in my name he also says he no longer practices law. I can not afford a lawyer so what do I do now? Thank-you
Check what your states law is on entering probate. Google probate & intestate along with your state's name and see what comes up for info. If it has been 12 years since the death, you may be beyond the timeframe to even do probate. If that is the situation, then having a will MIA doesn't matter.
If this is the case, then you could look into being declared the "lineal" heir. You really need an attorney to do this for you but I bet the cost will be modest. Now in most states if you die without a will and probate is never entered, then all the assets of the deceased are escheated to the state. The state becomes the "temporary owner" of whatever assets. Once your complete the lineal heir paperwork, it becomes yours. Now if there are other heirs, they too can become lineal heirs. It will take at least 6 months to get done or maybe up to a year as there will be postings in the paper needed and research on marriages & kids and property, but lineal heirship is done all the time when no will and stuff has to be legally divided out. Good luck.
Angel
It's been 12 years since you lost your husband? Go down to the court house. Bring the death certificate as well as your marriage certificate. Ask for letters of administration -- that is what is given when there is no will. You then have the power to change the titles on assets to you. Do a computer search of the Intestacy laws for your state. Without a will this is how the assets will pass. If you are aware of other wishes your husband may have had, you can fulfill them on his behalf. This includes donations to charities or bequests to individuals. Today, many assets pass by title or deed or beneficiary. For those, all you need is the death certificate. This includes real estate, insurance and annuity proceeds, bank and brokerage accounts. This is in your hands to resolve, visit your county probate court.