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    cal1028's Avatar
    cal1028 Posts: 4, Reputation: 1
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    #1

    Jul 25, 2012, 07:57 AM
    Am I entitled to anything from my fathers will
    My father died about 4 years ago. He and my mother were divorced when I was very young, however, his name appears on my birth certificate. Am I entitled to anything in his will?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 25, 2012, 08:04 AM
    Quote Originally Posted by cal1028 View Post
    my father died about 4 years ago. he and my mother were divorced when i was very young, however, his name appears on my birth certificate. am i entitled to anything in his will?

    Depends on where you live. Entitled? If there is a Will he could have left you out.

    Why has it taken so long for you to contest his estate?
    cal1028's Avatar
    cal1028 Posts: 4, Reputation: 1
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    #3

    Jul 25, 2012, 08:06 AM
    Quote Originally Posted by JudyKayTee View Post
    Depends on where you live. Entitled? If there is a Will he could have left you out.

    Why has it taken so long for you to contest his estate?
    I live in Florida and he died in Aiken Sounty, South Carolina. I don't know if he had a will or died intestate. As to why it's taken so long, in all honesty I really didn't think about it. Someone mentioned it, so I thought I'd look into it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 25, 2012, 08:24 AM
    Quote Originally Posted by cal1028 View Post
    i live in Florida and he died in Aiken Sounty, South Carolina. I don't know if he had a will or died intestate. As to why it's taken so long, in all honesty I really didn't think about it. Someone mentioned it, so I thought I'd look into it.

    Call the Court that handles probate in Aiken County, SC, and ask if a Will was probated.
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    cal1028 Posts: 4, Reputation: 1
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    #5

    Jul 25, 2012, 08:25 AM
    Thank you
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 25, 2012, 08:39 AM
    Quote Originally Posted by JudyKayTee View Post
    Call the Court that handles probate in Aiken County, SC, and ask if a Will was probated.
    Or, if you want, look it up online.
    cal1028's Avatar
    cal1028 Posts: 4, Reputation: 1
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    #7

    Jul 25, 2012, 08:44 AM
    Quote Originally Posted by AK lawyer View Post
    Or, if you want, look it up online.
    Nothing came up on the website. Does that mean he died intestate?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 25, 2012, 09:41 AM
    Quote Originally Posted by cal1028 View Post
    Nothing came up on the website. Does that mean he died intestate?
    No it means either the records haven't been entered or his estate wasn't submitted for probate. Not everyone submits to probate. Usually assets are held jointly so the survivor can just get them outside the estate.

    You will have to contact his survivors to see if you were mentioned in the will or whether there was a will. If there wasn't then its probably the estate has long been divvied up.

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