By Tim Barkley. January 2026.
Q: My mother can’t find her will that she did through your office. Do you have a copy?
A: We probably have an electronic copy, but that’s not necessarily helpful. If you can’t produce the original when she dies, it’s assumed that she destroyed it with the intention of revoking it, since that’s one of the ways to revoke a will.
If all of her heirs at law agree, you can probate her estate using a copy of the will as proof of the contents of the original will, but if they don’t all agree and consent in writing, you have to distribute her assets as if she died without a will.
Q: My father put his house in a trust before he died. We can’t find the trust, and his attorney is deceased. We’re trying to sell the house and the title company says we need to give them a copy of the trust. Is the trust on file somewhere?
A: The trust is not filed with the deed transferring the house to the trust, so if you can’t find a copy, you can’t prove who the trustee is now that your father has died. You might need to file a case in Circuit Court to appoint a trustee and to direct distribution from the trust. That’s expensive and time-consuming, and will require at least notice to and the consents of all your father’s legal heirs.
Q: My aunt put her power of attorney in her safe deposit box. I’m named, but I can’t get the POA without giving it to the bank to prove that I can get into the box to get the POA to give them. What do I do?
A: The bank probably has a procedure for this. If you have a copy of the POA, the bank can allow you to open the box so that a bank employee can remove the POA. The document is then sent to the bank’s legal department to verify that it is a valid POA and that you are entitled to it – for example, if the POA is only effective if your aunt is certified incompetent, you’ll need to provide that proof. If you don’t have a copy, you might need to file in Circuit Court for an order directed to the bank to open the box and proceed as above.
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Attorney Tim Barkley
The Tim Barkley Law Offices
One Park Avenue
P.O. Box 1136
Mount Airy
Maryland 21771
(301) 829-3778
Wills & Trusts | Estate Planning | Probates & Estates
Elder Law | Real Estate | Business Planning