How can I find out if my father whom died in another state had a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I find out if my father whom died in another state had a Will?

My father passed away 4 months ago but his side of the family did not even tell me that he passed away. I just want to now if he had a Will or who inherited anything from him.

Asked on July 12, 2018 under Estate Planning, Alabama

Answers:

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

Answered 2 years ago | Contributor

If your father had a Will, it may now have been filed with the probate court in the county in which he was domiciled at the time of his death. If that's the case, it is now a matter of public record so you have the right to get a copy. If he died "intestate" (i.e.without a Will), then as his child you are his heir. Once again, you can check with the probate court to see if a probate for his estate has been opened. As an heir you are what the law calls an "interested party". This means that you have rights regarding the disposition of your father's assets. However, you shoud be aware that not all assets pass to the heirs/Will beneficiaries. Some ssets pass directly to the named beneficiary listed for the the specific asset such as 401k's, IRA's, some pensions, bank accounts, etc. At tis point, since you are having trouble getting information from your family, you can consult directly with a probate attorney.

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

Answered 2 years ago | Contributor

If your father had a Will, it may now have been filed with the probate court in the county in which he was domiciled at the time of his death. If that's the case, it is now a matter of public record so you have the right to get a copy. If he died "intestate" (i.e.without a Will), then as his child you are his heir. Once again, you can check with the probate court to see if a probate for his estate has been opened. As an heir you are what the law calls an "interested party". This means that you have rights regarding the disposition of your father's assets. However, you shoud be aware that not all assets pass to the heirs/Will beneficiaries. Some ssets pass directly to the named beneficiary listed for the the specific asset such as 401k's, IRA's, some pensions, bank accounts, etc. At tis point, since you are having trouble getting information from your family, you can consult directly with a probate attorney.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption