about a will

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about a will

My father passed away last month owning a lot of property for no reason at all my stepmom is really being very mean I also believe a few of his property’s were only in his name she claims he left us nothing at all I do not believe that at all my father was nit like that how can I find out if he had other wills or how to find out who his life insurance company was. It just seems that she’s being so sneaky about something.

Asked on March 26, 2017 under Estate Planning, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you believe that there is a will and you would have been a beneficiary under it, and/or an insurance policy under which you would have been beneficiary, and/or no valid will, in which case, as child you would likely inherit under the rules for "intestate successon" (the rules for who gets what when there is no will), you can file a lawsuit against your father's estate and against your stepmother, seeking what you believe to be your share of the estate (of what he owned). In that lawsuit, you may be able to get information, by using the process of "discovery" (e.g. written questions called "interrogatories"; document production requestions) about any will and insurance. If you are entitled to anything, the court can order that you receive it. You will have to bring this suit in regular county court, not small claims, so you are strongly advised to retain an attorney to help you.


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