How do I find out if my father had a Will?

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How do I find out if my father had a Will?

Also, what will happen when his residence is sold? My sister is the executor and I do not communicate with any of my siblings.

Asked on October 13, 2011 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation.  If your Father left a Last Will and Testament when he died then it would be probated in the county in which he resided at the time of his death.  You as an heir to his estate - whether or not you receive anything under the Will - would get notice of the offer of the Will for probate.  Once the Will is filed it is a public record and you can take a look a the file down in court to see what is going on.  As for the house, if the Will disposes of it in a particular way - however your Dad wanted - then only reading the Will can tell you what his wishes were.  If he died with out a Will - called intestate but I doubt that as you called her the executor - you and your siblings would share equally in the estate.  I am sorry that you and your siblings do not talk.  That is a difficult thing especially in this difficult time.  I would suggest then that you hire an attorney to communicate with your sister in her fiduciary capacity.  Good luck. 


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