What are my rights to an estate if my estranged father died and his step-sister knowingly did not list me as living child?
Question Details:
My Father died in Louisiana in May of last year. His step-sister dealt with the funeral arrangements. She did not list me as an heir and actually filled out a form stating he had no children. I believe there was an estate of some sort left behind. How do I obtain a copy of the will if there was one? If no will existed, then what are my rights to the estate? What do I do if she has claimed the estate by knowingly denying my existence? The Obit stated that she was the only surviving family member. She obtained 5 copies of his death certificate. What other information do I need to gather?
Wills, Trusts, Probate Law Answers
Well you are most certainly on the right track. Wills are public and must be probated. So, check the probate court in the county in which he resided. The courts should be able to locate it. If the will did not mention leaving you out specifically, or only naming his step-sister as heir, you do have a case against her for possible theft and fraud. You may wish to (after reviewing the will) decide whether you would need to or want to hire an estate planning attorney or file a motion in court to freeze the proceedings if not yet complete.
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