How to find out if a family member had a Will?

UPDATED: Sep 30, 2022

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How to find out if a family member had a Will?

My auntie and father have been living together for over 30 years. After my

aunt’s passing, the grandnieces have moved my father from the house and taken over ownership. My auntie had no children nor was she married. Does my father have a right to file a claim on the estate?

Asked on February 10, 2017 under Estate Planning, California


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

Answered 6 years ago | Contributor

You can check to see if a Will has  been entered into probate with the porbate court in the county in which you aunt was domiciled as of the dtae of her deat. Alo, even it it hasn't yet been (assumingh that she had a Will), if your father was abenfciary of it he woulf need to be notified by the executor of the estate. If your aunt died "intestate" (i.e. without a Will), then her heirs would inherit, in this case her children (and survving spouse, if any). If she had no children, then her sibilings (your father and his brothers/sisters, if any) would be next in line and only if she had none would her neices/nephews inherit.

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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