View Full Version : Stepmother and Biological Dad's Will
CHERinSC
Feb 7, 2006, 01:42 PM
My dad died recently and I know he had a will. I have heard that my step mother is not going to probate his will. And if she doesn't, I have no way of knowing what was in the will and if my name along with my two brother's names are mentioned and if dad left anything to us at all.
My question is: Can someone be forced to probate a will? If so, how?
Thanks,
CHER
Fr_Chuck
Feb 7, 2006, 02:28 PM
Hire a probate attorney.
They will file suit, also if you know who the attorney was ( and as an heir you should know who the lawyer was) he would have a copy of the will also.
If a copy of the will can not be found, it will merely be your word against there that a will even exists. The sooner you get an attorney, the sooner things can be tied up until it is looked into by the court
fredg
Feb 7, 2006, 03:03 PM
Hi,
I agree with the answer before mine, get a lawyer, one experienced with Wills.
If your Dad has his Will drawn up by a lawyer, to be signed and Notorized, that lawyer might not even have a copy of it. It can vary by state. The State of VA doesn't require a lawyer to keep a copy. The only valid copy is the "original", which is returned to the person signing it.
A lawyer can advise you on the best way to see the Will, if there really is one.
I do wish you the best of luck.
CHERinSC
Feb 8, 2006, 06:12 AM
Thank you for your responses to my question. I have found out that my brother and biological mother are getting a lawyer in North Carolina to force my step mother to probate the will. This way I know I will find out if anything was left to me and my other two brothers.
Again, thank you!
CHER