How do I find out if my father had a will?
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How do I find out if my father had a will?
My father lived in portage Indiana I live
in Rainsville al. He passed away and
my family did not even let me know.
Asked on July 12, 2018 under Estate Planning, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If your father has a Will, then in order to administer his estate, it would have had to have been filed in the probate court in the county in which he resided when he died. That being the case, it is now a matter of public record so you (or anyone else for that matter) has the right to get a copy. If he did not have a Will, then you as his child child you re also is heir. Again, check with the probate court to see if a probate for the estate has been opened. The fact is that you are what the law calls an "interested party", which means that you have rights regarding the disposition of your father's assets. That having been said, not all assets pass to the heirs or Will beneficiaries. Some pass directly to the named benenfciary has listed for the asset in question such as IRA's, 401k's, certain pensions, etc. If you are having trouble getting information from your family, you should consult directly with a local probate attorney who can best advise you further.
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