QUESTION
How can I find out if my father had a will?
Asked on Jun 08th, 2011 on Estate Planning - Georgia
More details to this question:
My father passed away a year ago, survived by my step mother and my 3 brothers and me. He had told us that he had a lot and a trailer for each of us boys, but my step mother will not share the contents of a will and we do not know who the executor is. The county recorder does not show any property listed under my father's name, but he was known to have at least five or six plots. How can we find out this info?
3 ANSWERS
Probate & Trust Attorney serving Clermont, FL
at
Reed Law Firm
Update Your Profile
I take it that you are not on friendly terms with the widow. In a conflict situation, you may file an intestate probate proceeding, take her testimony under oath, and publish notice in the local newspaper. If it is discovered, it can be filed with the court.
Answered on Jun 14th, 2011 at 2:38 PM
Theodore W. Robinson
The best thing to do is consult with an estate lawyer and ask to have an Administration proceeding filed in the Surrogates Court. That way, if there is a Will, it will probably force it out of "hiding" or from being hidden any longer. If there is an Administration proceeding done, it will give you and your siblings more than an equal share of any estate that may exist. It may also give your attorney the right to question the step mother about the whereabouts of any Will and any property of your fathers. Oh, and you can also have the attorney make a written demand of your stepmother ahead of time just to be sure she isn't willing to turn anything over voluntarily. Good luck.
Answered on Jun 13th, 2011 at 9:05 AM
Glen Edward Ashman
Either you run around aimlessly, or you see a lawyer, who will know how to research land and probate records. If there has been no probate, he can also file a probate on your behalf and the facts will usually come out during the case.
Answered on Jun 10th, 2011 at 11:51 AM