can a child take property

UPDATED: Oct 1, 2022

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can a child take property

My grilfriend of 20 yrs passedthere was
no will written to ny knowledge. A
relative is claiming that a will was
written. How can i verify this?

Asked on November 24, 2017 under Estate Planning, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no 100% way to verify this: wills do not have to be filed by a person while they are still alive, which means there is no central repository of wills--wills typically are brought to court only after the testator (person making the will) dies, when it is time to probate them. Therefore, if the person did not leave the will in an obvious place or give copies to those close to her (e.g. to a significant other; to sibling), all you can do is search her papers, ask her friends and family, and contact her lawyer and accountant (if she had such), to see if you can locate it. Sometimes wills go missing and are never found, in which case, they may as well never have been written: a will which cannot be located has no effect.

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 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.

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