How can I find if my dad had a Will without asking the family for it?
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How can I find if my dad had a Will without asking the family for it?
My sister says dad wrote a Will and left her everything. I do not want to ask her for it. She was the only daughter that his family accepted (3 more daughters all different moms). I had a relationship with my dad.
Asked on December 17, 2011 under Estate Planning, Louisiana
Answers:
Sharon Siegel / Siegel & Siegel, P.C.
Answered 12 years ago | Contributor
I am a NY lawyer. The will is only effective if it has been admitted to probate by the Surrogate's Court in the county of the decedent's death. As next of kin of your father, you would have gotten notice of this. To me, it sounds as though (a) she has a will but did not admit it to probate (b) she has a will and she did not admit it to probate becuase it does not say what she represented to you (c) she does not have a will at all. If no will is on file with the court, then you could commence an administration proceeding. If she has a will, she will answer and say she has a will. This is a very common manupulative tactic. www.siegelandsiegel.com 212-721-5300 Sharon Siegel, Esq.
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