If my dad talked about including me in his Will and he just recently died but his widow says that there is no Will, how do I find out if she is being truthful?
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If my dad talked about including me in his Will and he just recently died but his widow says that there is no Will, how do I find out if she is being truthful?
Asked on August 1, 2015 under Estate Planning, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can check with the applicable probate court (the one in the county in which he was domiciled at the time of his death). If the Will is in probate, it would be there. Also, you can check with the family attorney and/or other family/friends. If that doesn't work, then I would consult directly with a probate attorney and see what they advise regarding your rights under specific state law.
Note: If no Will is found, then as an heir, you will be entitled to a part of your father's estate, typically 1/2-1/3 to the survivng spouse, and the remainder to the heirs to be divided equally.
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