QUESTION
Is there anything I can do about the Will?
Asked on Jun 10th, 2013 on Estate Planning - Delaware
More details to this question:
My dad said to me that he left me a will and not to my sister my grandma says no he didn't and that he left everything for his stepson and my dad said the stepson was in charge of everything so yes he paid the burial but did not include me and my sister in nothing like the limo reserved seats our names were last on the deceases information at the funeral home and did not call us about that my dad had died until the last minute of the rosary and barred him it hurts so any ways my uncle told me the stepson needs to call me so I could get my will. I thought that supposed to be the attorney so I informed myself in the courts and nothing is being probated recorded so if my dad had a attorney how long would it take to record it in the courts or does the stepson that's in charge and the sisters and a brother gets to keep everything and divide everything like they are now all I know my dad told me he left me something and he had a lawyer but just to say if he lied to me is there a way I could get something out of this even though if he left his stepson in charge and those people never wanted us around but I would still go around because nothing would stop me to see my dad I didn't care if they hated me and they were selfish including their mom and but now she died first than my dad they cause me a lot of pain they rejected me not to see him and now they’re taking everything away but if I do have a will that my dad gave me they won’t even give me the lawyers number that's how selfish they are with me so where can I start to do something about it.
9 ANSWERS
3 Awards
Wills are normally lodged with the court before they are even probated. Contact the county where he died to see if the Will has been deposited. If not contact the stepbrother via certified mail (keep a copy of the letter and evidence of how you sent it) and ask him to provide you a copy and to lodge the original with the court. After that you may wish to hire an attorney if you are not satisfied. 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 Jun 11th, 2013 at 7:47 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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In Missouri, a will has to be filed in probate court within a year of death. You will need to talk to an attorney as soon as possible about your options.
Answered on Jun 11th, 2013 at 7:47 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You have a right to see a copy of the will. You have a right to challenge the will in court. You have rights to various kinds of notices. Hire a lawyer.
Answered on Jun 11th, 2013 at 2:26 PM
Thomas Edward Gates
If there is a will, it would be on file with the court. This is a required element to initiate probate.
Answered on Jun 11th, 2013 at 2:22 PM
Yes, they must record the original Will with the county court where your father died. You can get a copy to see what it says. You should immediately hire an attorney to help you with this.
Answered on Jun 11th, 2013 at 2:21 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can check with the court to see if an estate has been opened. An estate would need to be opened, if there are any assets titled in your father's name alone. If there are not, then you are probably out of luck. If there are assets in his name alone, in the absence of a Will, they cannot exclude you or your interest. Once an estate is open, they would need to give you notice.
Answered on Jun 11th, 2013 at 2:21 PM
2 Awards
You have to sit down with an attorney and go over some family facts to see what you can do. Do it now before things get even more out of control.
Answered on Jun 11th, 2013 at 2:19 PM
Your father's step-son should have filed the will with the local probate court. If there wasn't a will, he would need to petition the court to be named executor and then distributed the assets according to state law. If nothing has been filed with the court within a few months after your father's death, you can petition the court to name you or someone else executor of the estate. As you are a direct descendant of your father, you are entitled to all information about his will or how the assets are to be distributed.
Answered on Jun 11th, 2013 at 2:18 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It sounds like there may not be a Will. If not, then you as his child, along with any other biological children can open the Estate if he didn't have a spouse. If no spouse, you and siblings would inherit his estate.
Answered on Jun 11th, 2013 at 11:34 AM