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darlanjody · Jun 4, 2014, 07:28 AM

My step dad passed away two days ago, he lived in New Mexico and I live in Nevada. His children will give me very little information, but they text me and said the Daddy left his ashes to you, will call you when we get a chance. I don't know what to do, I would like to see the will? Help

J_9 · Jun 4, 2014, 07:30 AM

Have you tried calling them? That would be the first step.

darlanjody · Jun 4, 2014, 07:33 AM

My step dad passed away 2 days ago, the family will give me very little information, they sent me a text saying that Daddy left you his ashes in the will. I have tried to ask questions, but they won't take my calls and only send me a text. What should I do? He lived in New Mexico and I live in Nevada. My step dad saved my moms ashes for the past 6 years, he mentioned to me I would know what to do. But, no one will tell me anything? Help! Thanks

darlanjody · Jun 4, 2014, 07:35 AM

Originally Posted by J_9

Have you tried calling them? That would be the first step.

I have called, I have text them. They won't respond

joypulv · Jun 4, 2014, 07:43 AM

If you are mentioned in the will (which they claim you are), then you have a right to a copy from the Executor(s), who has certain obligations such as this. Getting one is sometimes a real problem when you are far away and family won't be helpful. If there was enough of an estate (such as a house as well as money), then ordinarily it must go through Probate Court. You can contact their local court and ask. Or you can hire a lawyer. If an Executor isn't doing a proper job, then he or she can be replaced, if someone else applies to the court and the court approves.

darlanjody · Jun 4, 2014, 08:00 AM

Originally Posted by joypulv

If you are mentioned in the will (which they claim you are), then you have a right to a copy from the Executor(s), who has certain obligations such as this. Getting one is sometimes a real problem when you are far away and family won't be helpful. If there was enough of an estate (such as a house as well as money), then ordinarily it must go through Probate Court. You can contact their local court and ask. Or you can hire a lawyer. If an Executor isn't doing a proper job, then he or she can be replaced, if someone else applies to the court and the court approves.

What I am wondering is if they knew to tell me that my dad left his ashes to me, what they text me was "Daddy left his ashes to you in his will" then someone had to see the will, right??

joypulv · Jun 4, 2014, 08:08 AM

Yes of course.
Often there will be a copy of the will left with family members, in a box or file of papers in the home, in a bank safe deposit box, and most often, one left with the lawyer who drew it up (although there is no law that a lawyer has to prepare a will).
Each state has different laws about wills, but usually a will must be notarized and witnessed by 2 people. Then there are laws about wills that are just handwritten and left in a drawer. Countless possibilities!

AK lawyer · Jun 4, 2014, 11:17 AM

You do realize, I assume, that as a step-child you have no right to inherit from him, unless he provided for you in his will.

If the step father died two days ago, the children are probably still making arrangements. It is very doubtful that they have filed a probate case yet.

If you want the ashes, tell them to send them to you. Is there going to be a funeral and are you going to attend? Talk to them about these things then. Otherwise, there is nothing that needs to be done for now.