How can I obtain or view my grandfather's will that my uncle has?

Question

My grandfather passed away and I know he did have a will in place. My uncle (his son) did not share his will with any of the family. He just moved in his house, got his truck, just took over everything as if no one else existed. He gave my cousin (his son) some money saying that its what my grandpa allotted him in his will and he did the same thing for my brother. Other than that he won't even speak to any of us. What can I do?

Dara J. Goldsmith · Answer

Under Nevada law a Will must be lodged with the court within 30 days of death.  Check with the courthouse where your grandfather died to see if it has been lodged and order a copy.  If not,  inquire by certified mail if that has been done.

James Maguire · Answer

If the will was probated in court, it is a public record.   Call the clerk of court of the parish where he lived, and ask for a copy of   the will.

Richard Keyes · Answer

If the real estate is in the name of your grandfather without any beneficiary designation, the real estate has to go through probate.  An attorney can file with the probate court a citation to produce will and have it served on your uncle.  This is how the will can ultimately be produced.    You may be in quite a fight with your uncle.

David Leon · Answer

If the will has been probated, it's a public record, and you can go to the courthouse (in person or online in some counties) and read it. If the will hasn't been probated, you can make a motion to the court to compel the person who has possession of the will to deliver it to the county clerk.

Brian Haggerty · Answer

Look at the deed ownership of the house (at the county clerk's office). Does your grandfather still own it? Did he add uncle on as a joint owner before passing away? A person can't "just take over everything;" there is always an explanation. My bank won't let my son do transactions in my bank account  why would they? There is too much that is not known about your grandfather's affairs to answer your question. Clearly, though, no probate estate has been opened, or family members would have gotten notice. So I have to assume that uncle got everything set up as joint with him during your grandfather's life, and the will is meaningless. Get a lawyer started on this problem now.

James Frederick · Answer

It really depends on how the assets were titled at the time of death. If your grandfather had your uncle joint on all of his assets, or designated him as the beneficiary, then he became the full owner of the estate upon your grandfather's death, and the Will is irrelevant. If the assets were all in your grandfather's name alone, then probate would be necessary, and the Will would be important. It is not clear which situation you have. The fact that your uncle was willing to gain control of the assets suggests that he may have been on the assets as a joint owner. Otherwise, he would not have any access to them, himself.

Michael Elliott · Answer

Assuming that the Will has been probated, you can visit the Estate Clerk's office in the County where your Grandfather resided. The Estate File is public record, and you should be able to view a copy of the Will there. If there is no estate file that has been opened for your Grandfather, then you should seek legal counsel as the estate issues.

Jayne Sebby · Answer

The will should have been filed with the local probate court.  If this wasn't done, you can petition the court to start the probate process and direct your uncle to place the will into evidence.

James Oberholtzer · Answer

Under Oregon law, he has a duty to file the Will with the local county court. There is a problem that the courts do not want to take the Will unless someone is going to start a probate proceeding. If you take the initiative to start the probate proceeding and pay the filing fee, then he has to file it with the court.

John Brennan · Answer

Get an attorney and determine what you are due, or not due. If you are in Michigan call to engage us and with the full details.

Thomas Phipps · Answer

You will have t file a petition in probate court to open an estate.

Christine James · Answer

File a petition to probate your grandfather's estate, and do it as soon as possible before too much time has passed that it will be more difficult to sort everything out.

Bernard H. Greenberg · Answer

File a Demand for Notice with the Probate Court and go visit with an attorney who specializes in estate litigation.

Victor Waid · Answer

Not knowing how long ago all of the facts happened, you should obtain the assistance of a probate litigation lawyer to sue the uncle for production of the will, and an accounting of the assets.

Thomas Edward Gates · Answer

You do not indicate whether probate was initiated.  If so, the will will be on file with the court.  If there is no probate, you can petition the court for the will.

Kathleen Delacy · Answer

If he had a will it should be on file with the Register of Wills.  If he owned a home alone an estate would need to be opened.

Mark T. Peters · Answer

Somebody needs to file a probate estate, probably initially as an intestate estate.  Then if the uncle does have a will, he will have to intervene and present the will.

Edward Armstrong · Answer

By the way you phrased your question I am assuming that no probate estate has been opened in probate court in the county where your grandfather was living at the time of his death.  If no estate has been opened you should hire an attorney and have the attorney open a probate estate for your grandfather's estate (I am also assuming your grandfather died loss that one year ago).  The lawyer could open the estate as intestate, ask for supervised administration and then disclose to the court that the uncle has the will but is refusing to produce it.  The court can compel him to produce the will but if he doesn't you can inventory the assets that might be part of this estate such as the personal items such as the car, clothing, bank accounts, investment accounts, etc.  as well as the house the uncle moved into.  You do need an attorney for this so don't waste any time and hire one.

Christine Socrates · Answer

If his estate has been probated, then you can obtain a copy from the county probate court in which he resided in at the time of his death.  The probate assets are only assets the decedent owned at his death that have not passed directly to a beneficiary by beneficiary designation, joint & survivor ownership, or payable on death or transfer on death designations.  These assets that pass outside of probate would do so with or without a will, and without probate.  Your uncle may have received these assets automatically without probate which is how he is able to make these distributions.    If there is no probate, you can request a copy of the will and list of assets from your uncle.  If he does not comply and you feel there is some wrongdoing here on his part (ex. fraud, coercion, etc.) , you could file an action against him in probate court.

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How can I obtain or view my grandfather's will that my uncle has?

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