My husband’s mother just passed and his stepfather is saying that he will receive all of her assets. His mother’s best friend is saying she had a will. He is denying this will exists. How do we obtain a copy? She lived in a small town at the time and her friend is telling us to call the few lawyers in town. Is there a way to search for a public filing of this will? I want to make sure that he receives what she wanted her son to have as the death was fairly sudden.
If there is no Will and the decedent had children who were not the children of the surviving spouse, those children also inherit. This is different from the situation under a Will, in which you can leave things to anyone you want. As an heir, your husband can hire a probate lawyer who practices in the county in which your mother died to file an application to determine heirship and administer the estate.
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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