How can I find out if my father whom died in another state had a Will?
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How can I find out if my father whom died in another state had a Will?
My father passed away 4 months ago but his side of the family did not even tell me that he passed away. I just want to now if he had a Will or who inherited anything from him.
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 had a Will, it may now have been filed with the probate court in the county in which he was domiciled at the time of his death. If that's the case, it is now a matter of public record so you have the right to get a copy. If he died "intestate" (i.e.without a Will), then as his child you are his heir. Once again, you can check with the probate court to see if a probate for his estate has been opened. As an heir you are what the law calls an "interested party". This means that you have rights regarding the disposition of your father's assets. However, you shoud be aware that not all assets pass to the heirs/Will beneficiaries. Some ssets pass directly to the named beneficiary listed for the the specific asset such as 401k's, IRA's, some pensions, bank accounts, etc. At tis point, since you are having trouble getting information from your family, you can consult directly with a probate attorney.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If your father had a Will, it may now have been filed with the probate court in the county in which he was domiciled at the time of his death. If that's the case, it is now a matter of public record so you have the right to get a copy. If he died "intestate" (i.e.without a Will), then as his child you are his heir. Once again, you can check with the probate court to see if a probate for his estate has been opened. As an heir you are what the law calls an "interested party". This means that you have rights regarding the disposition of your father's assets. However, you shoud be aware that not all assets pass to the heirs/Will beneficiaries. Some ssets pass directly to the named beneficiary listed for the the specific asset such as 401k's, IRA's, some pensions, bank accounts, etc. At tis point, since you are having trouble getting information from your family, you can consult directly with a probate attorney.
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