how can i find out if my dad had a willa nd if the will was recorded
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how can i find out if my dad had a willa nd if the will was recorded
my dad recently passed he was a resident in the state of MS. my dad was remarried
with one adult child. there are three surviving siblings from first marriage.
where do i begin being that not on the best of terms with second wife
Asked on August 18, 2016 under Estate Planning, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you can't find out if your father had a Will by asking your stepmother, you can ask other family members or his friends. Additionally, you can check with the probate court in the county in which your father died to see if a Will has been entered for probate; if one has then it is now a matter of public record and you can get a copy. Further, as your deceased father's child, you are considered to be an "interested party" (i.e. someone who would inherit if there was no Will). This means that legally you have a right to see his Will, if it in fact one exits. And you need to be aware that, if there is no Will then your father died "intestate" and as an heir you are entitled to a portion of his estate. A this point, you may want to contact the probate court and/or consult directly with a local probate attorney. They can inform you as to your rights.
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