If my dad talked about including me in his Will and he just recently died but his widow says that there is no Will, how do I find out if she is being truthful?

Asked on August 1, 2015 under Estate Planning, Oklahoma


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can check with the applicable probate court (the one in the county in which he was domiciled at the time of his death). If the Will is in probate, it would be there. Also, you can check with the family attorney and/or other family/friends. If that doesn't work, then I would consult directly with a probate attorney and see what they advise regarding your rights under specific state law.

Note: If no Will is found, then as an heir, you will be entitled to a part of your father's estate, typically 1/2-1/3 to the survivng spouse, and the remainder to the heirs to be divided equally.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.