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Attorney in another state

My mom recently passed and I am not sure if she had another Will made up. I have contacted her attorney but he will not talk to me. My sister was POA but I’m not sure who the executor is. There is no communication with my sister. The last I knew, my mom’s house was in both our names but think my niece tried to have it changed again to where it was in her name.

Asked on September 24, 2017 under Estate Planning, Missouri

Answers:

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

Answered 4 years ago | Contributor

You can check to see if a Will was entered into probate. If it was already filed then it is a matter of public record, so you (or anyone else) has a right to see it. If it has not yet been entered, you can still obtain a copy. This is because you are what is called an "interested party". That is someone who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Consequently, since whether or not there is a Will affects your rights, you have a stake or "standing" in this. This is sufficient enough to give you the right to bring a legal action to view your mother's Will. If in fact, it is determined that she did not have a Will, then she died "intestate" which means that as his heir you are entitled to a portion of her estate.

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

Answered 4 years ago | Contributor

You can check to see if a Will was entered into probate. If it was already filed then it is a matter of public record, so you (or anyone else) has a right to see it. If it has not yet been entered, you can still obtain a copy. This is because you are what is called an "interested party". That is someone who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Consequently, since whether or not there is a Will affects your rights, you have a stake or "standing" in this. This is sufficient enough to give you the right to bring a legal action to view your mother's Will. If in fact, it is determined that she did not have a Will, then she died "intestate" which means that as his heir you are entitled to a portion of her estate.


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