how can i find out if im abeneficiary in awill of my father

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how can i find out if im abeneficiary in awill of my father

will someone notify me in acasde if im aberneficviary

Asked on February 11, 2018 under Estate Planning, Alaska

Answers:

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

Answered 3 years ago | Contributor

If you haven't already done so, ask the executor for a copy. If that has not worked, then you can see if the Will has laready been filed with the probate court. if it has, then it is ow a matter of public record, so you or anyone lese can f=get a copy of it. If it has not yet been probated, as a child you can still get a copy of the Will since you are what the law calls an "interested party". This is a person who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Therfore, since whether or not there is a Will affects your rights, you have a "standing" (i.e. stake) in this. This stake gives now you the right to persue legal action to view your father's Will. You should note, that you may not be named in his Will. The fact is that a parent can disinherit a child. Also, some assets pass outside of probate to the named benenficiares, including IRA's proceeds, certain pension benefits, 401's funds, etc. Finally, if it turns out that he had no Will, then he died "intestate" which means that as his heir you are entitled to a portion of the estate. 


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