QUESTION
How do I get a copy of my parents will?
Asked on May 06th, 2013 on Estate Planning - Delaware
More details to this question:
My brother handled both my parents estates when they passed away. I never saw or heard anything about a will. He took everything.
20 ANSWERS
In Wisconsin, the person named in a will to act as personal representative (also known as executor) has a legal obligation to file the will with the court within 30 days. Once the will is filed with the court, the document becomes public record and you can go to the courthouse to obtain a copy.
Answered on Jun 21st, 2013 at 12:37 AM
Ask him for a copy of the Wills, pointing out that as a potential heir you are entitled to see what the Will states. If he will not give it to you, go on line to see if a probate case was filed and look through what is available on line and down at the courthouse.
Answered on May 10th, 2013 at 3:07 AM
You should write him to demand a copy of the will and an accounting of all funds and assets. If he won't comply, I can suggest a good probate/estate lawyer.
Answered on May 10th, 2013 at 2:51 AM
In Wisconsin, the person named in a will to act as personal representative (also known as executor) has a legal obligation to file the will with the court within 30 days. Once the will is filed with the court, the document becomes public record and you can go to the courthouse to obtain a copy.
Answered on May 10th, 2013 at 1:10 AM
You can go to the Court and view the entire probate file.
Answered on May 09th, 2013 at 2:07 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You need to get a lawyer to investigate this. There are too many possibilities there may never have been a will, your brother might have gotten your parents to create joint ownership with him (seems likely, otherwise there would have been a court proceeding and you could examine the file).
Answered on May 09th, 2013 at 2:06 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Ask for a copy or get it from the court.
Answered on May 09th, 2013 at 5:52 AM
2 Awards
See an attorney and get help. There are many variables, and it is impossible to help with the information you have provided. Did they have a trust? Was the will ever probated? How do you know they had a will? How long ago did your parents die? An attorney can walk you through the issues and help you determine what you are able to do.
Answered on May 09th, 2013 at 4:56 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Was there a probate conducted in a probate court in the county of residence of the decedents? If so go to the court and look at the court files and there may be wills filed in the court. Maybe your parents did not have a will. Good luck on your investigation.
Answered on May 09th, 2013 at 2:25 AM
If the estates were probated, you can check the court records.
Answered on May 08th, 2013 at 6:58 AM
A copy of each parent's will should have been filed with the local probate court. Call the clerk of that court and ask to see the document.
Answered on May 08th, 2013 at 6:54 AM
Thomas Edward Gates
If there is a will, it will be on file with the local court. If there is no will, all of the children share equally in the estate.
Answered on May 08th, 2013 at 6:42 AM
Ask him for copies of the court documents. If he does not provide them to you promptly, hire an attorney.
Answered on May 08th, 2013 at 6:40 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If this happened, it is VERY likely that the Wills were never admitted to probate. You can check with the probate court to see. What that suggests to me is that your parents had everything set up jointly with your brother or he was designated as the beneficiary of everything. This is quite common in cases where people are trying to do their own estate planning and avoid the cost of a lawyer. It often results in situations just like yours. You can check this by obtaining a copy of the deed to the property. If your brother was joint on the home, it is very likely he was joint on everything else. If not, then there is a chance that the estate still needs to be probated. Since your brother appears to "have everything," it sounds like everything was placed in his name, while your parents were alive.
Answered on May 08th, 2013 at 6:38 AM
3 Awards
In Nevada, Wills are required to be lodged with the District Court in the county the Decedent resided within 30 days of death. I suggest contacting the court clerk to see if the original Will was lodged. If it was you may order a copy. If it was not lodged, check to see if a probate was ever opened. At that point you may want to meet with an attorney to address next steps. Best of luck to you.
Answered on May 08th, 2013 at 6:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Ask your brother for a copy, or if there is a court file, go to procure one from there. If you have further questions, make an appointment and see an attorney.
Answered on May 08th, 2013 at 6:27 AM
Charles E. Rohr
Check with the County Clerk in the county where your parents passed.. there ought to be a probate file open there.
Answered on May 08th, 2013 at 6:27 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It should have been probated so a copy should be in the probate estate file.
Answered on May 08th, 2013 at 6:26 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It should be on file at the Register of Wills.
Answered on May 08th, 2013 at 6:24 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Call the office of the clerk of court of the parish where your parents lived. If the will was filed, they can send you a copy.
Answered on May 08th, 2013 at 6:24 AM