QUESTION

How can I find my dads will

Asked on Oct 27th, 2020 on Wills and Probate - Washington
More details to this question:
When my father passed away my step mother got everything. My sister and I were told by step mother that we were each to get 5000.00, which we did. There is just a lot of unanswered questions. I know my dad had a will, he was an attorney. When we were kids we all ( us and my dad) used to talk about, and how we would be taken care of by him. There is also a piece of family property that I need to know if we have any rights to. How do I go about finding a copy of the will?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
It is not unusual for someone to leave everything, or almost everything, to a spouse even if there are children from a previous marriage. You can check the records of the county probate court to see whether the Will was submitted for probate.  In some states the court is called the "surrogate's court" or the probate occurs in the local district court.  In many counties a list of hearings and documents is available online.  In some counties every document submitted to the court is online.  You can also check the county deed records to see whether the deed to the property was transferred to your stepmother.  These records are generally available online, sometimes for free, sometimes through a commercial service. Many people do not realize that a Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died).  Many more, even lawyers, forget to record a deed transferring ownership from the person who died.  If you do not find any records and you don't mind forever alienating your step mother, contact a probate attorney who practices in the county in which your father lived and died.  That attorney may demand presentation of the Will to court or file an application for a determination of heirship, which may prompt presentation of the Will.   In community property states children of a previous marriage inherit.
Answered on Oct 28th, 2020 at 5:28 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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