Ask Experts Questions for FREE Help !
Ask
    DebiBartlett's Avatar
    DebiBartlett Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 17, 2009, 02:24 PM
    Dead Father Will?
    My father died last week and none of my family members contacted me to let me know. I found out a week later after the funeral services. I went online to find the obituary and I have also been left out of the surviving family members.
    How do I find out for FREE if my father had a will?
    It is obvious that I am trying to be forgotten as if I never existed.
    Do I have any recourse?
    I know that this is 2 questions, but I really need to know.
    Thank you in advance for any help you can provide.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Apr 17, 2009, 02:40 PM

    The only thing you can do is check to see if a will has been filed in your local probate court. But if one hasn't been filed, doesn't mean that there was no will. Depending on the nature of the estate they may be able to get out of filing.

    If a will was entrusted to an attorney they will be required to inform you if you are mentioned. However, that may not have happened.

    Unless you can find out who is the executor, there would be no one to sue.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Apr 17, 2009, 08:11 PM

    Yes, you will have to ask other family members, call your fathers attorney, check with probate court.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Apr 20, 2009, 08:44 AM
    One week is really early to worry. It could take months to start a probate case.

    You posed the following question:
    How do I find out for FREE if my father had a will?
    If he didn't leave the will, you would stand to inherit some share under intestacy laws in most states. In other words, your inheriting some share doesn't as much depend upon whether there was a will, but rather the terms of the will if there was one. So a better way to phrase the question is "how do I find out if there was a will disinheriting me?"

    Do you know if your father left significant assets?

    If so, and If they continue to ignore your questions, you could file a probate case on your own, asking to be appointed personal representative and alleging that, as far as you know, there was no will and that you want to administer the estate. That would give you the power to find out exactly what your father had when he died, and to assume control of those things
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Apr 20, 2009, 11:43 AM

    While AK's advice is sound, this would cause a battle between you and other relatives. In any case, given the circumstances, I would be prepared for a legal battle.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #6

    Apr 20, 2009, 12:13 PM

    Are you estranged from all your relatives or just your immediate family?

    Do you have any idea what assets your father had?

    I'd start checking with the local Probate Court to see if the Will has been filed for probate. At this point, probably not because it's so soon.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How do I trace my dead father [ 5 Answers ]

I found out at the age of 21 that my birth father had died when I was 18 months old but my family don't seem to no how he died or where he is buried does anyone know how I can find out

Dead Beat Father [ 8 Answers ]

My child's father doesn't pay child surport. And, now he doesn't even want to see his son. He is only 14months old. His father has seen him maybe a dozen times. Only for a couple hours here, and there. I don't know if it was possible to gets his right signed off. If he still owes the state money...


View more questions Search