What does it mean if someone is given a person’s

There is a Will that states my aunt gets my dad’s property but it doesn’t specify what

property?

Asked on October 6, 2018 under Estate Planning, North Carolina

Answers:

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

Answered 2 years ago | Contributor

If the Will merely says "all property", then all of your father's assets (both real and personal) go to your aunt. However, to be sure the Will should be reviewed and assumng that your father has now passed your have that right. If the Will has already been admitted for probate then it is now a matter of public record and you (or anyone else) can receive a copy. If not, then as your father's child you have a right to see a copy, even if you are not named as a beneficiary in the Will. This is because under the law you are considerd to be an "interested party". This is someone who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Accordingly, since whether or not there is a Will affects your rights, you have "standing" which gives you the right to bring a legal action to view the Will. However, you should note that a parent can disinherit a child. Also, some assets pass outside of probate to the named benenficiares such proceeds from  IRA's, certain bension benefits, 401's, etc. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Is your Dad alive or has he passed?  You as a child have the right to a copy of the Will once he passes.  Not before.  A Will generally says "real" and/or "personal" property or "all" property which could be interpreted as real and personal.  The laws of the state in which it was drafted are also relevant.  It needs to be read.  Good luck.


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