QUESTION
Can I find out about my father's will if I don't have a copy?
Asked on Jul 23rd, 2013 on Estate Planning - Texas
More details to this question:
My father passed away on April 21st of this year in Texas at a hospital near or in Dallas. I live in California. My stepmother who is a year younger than myself is telling my brother that my father left everything to her and nothing to his children or grandchildren. Is there anyway to verify or find out what was in my father's will if I don't have a copy? My father told my 16 year old daughter he left her money in his will and showed her papers. But that is all we know. My step mother has lied about things before and I hope she isn't able to get away with this.
12 ANSWERS
3 Awards
Usually Wills are lodged with the court. I would start my investigation by checking to see if the Will has been lodged with the Probate Court. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jul 24th, 2013 at 8:44 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Depending on how things were set up, there may or may not be a Will and even if there is one, there may be no assets to pass under the Will. A Will covers only those assets that are in the decedent's name alone. Any assets that were jointly held or that have a designated beneficiary, pass outside of probate and outside the control of any Will. So finding the Will will not help you, if the assets were set up in such a way as to avoid probate.
Answered on Jul 24th, 2013 at 8:38 PM
In almost every state, it is the law that a person with possession of a Will must file it with the local county court (where the decedent lived at the time of death) within 30 days of death. Check with the local court and if there is no will.
Answered on Jul 24th, 2013 at 8:32 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Sorry, this is not an Oregon question; I think Texas may be a community property state. Often, married couples hold their assets jointly. Your father's will may not even be needed to transfer all his assets to his spouse.
Answered on Jul 24th, 2013 at 12:49 PM
Thomas Edward Gates
If your step-mother started probate, the will will be on file with the court. If not, you can file a court motion for an accounting of the will provisions.
Answered on Jul 24th, 2013 at 10:34 AM
Sanford M. Martin
Based on your question, it is not certain which state laws govern the situation. If your father is a Texas resident, then Texas laws govern. Generally, an interested person such as a family member can, if necessary, file an action in the local probate court demanding a copy of the will. In Florida, a will that distributes property to beneficiaries must be filed. Request a copy of the will; if she refuses, that indicates some reason for contacting a local attorney to discuss options.
Answered on Jul 24th, 2013 at 10:29 AM
Yes, you can file a Demand for Notice in the probate proceeding. You can also file a Petition with the Court.
Answered on Jul 24th, 2013 at 9:56 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to file a case in the probate court to try to get a copy of the will.
Answered on Jul 24th, 2013 at 9:49 AM
2 Awards
Immediately call a Texas attorney and see if you can file for probate. That will force the will out if there is one. This type of forum is too slow to get you the answers you need, and you need them now. Don't wait any longer on this, call a Texas attorney today.
Answered on Jul 24th, 2013 at 9:38 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can contact the probate court in the county he was domiciled to see if she filed the Will. If no Will, you should check the intestate statute where he lived. In Delaware under the intestate statute when a spouse and children that are not children of both spouses, the children are entitled to receive a portion.
Answered on Jul 24th, 2013 at 9:37 AM
If your father left a will, it should be filed in a probate court in the county in which he resided. If your stepmother hasn't done this, you can petition the court to name you executor of the estate and/or to require her to produce the will.
Answered on Jul 24th, 2013 at 9:37 AM
2 Awards
If the will was probated, then it's a public record and you can obtain a copy by going to the courthouse (either in person or on the courthouse's website). If the will has not been probated, but you know who has the original will, you can petition the court to force the person who has the will to provide it to the county clerk. You can then file for probate yourself.
Answered on Jul 24th, 2013 at 7:40 AM