What to do if my father died and I have no clue if he had a Will?

UPDATED: Oct 14, 2011

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What to do if my father died and I have no clue if he had a Will?

My father who has not contacted me since was 8 passed away 2 months ago. I have tried to get in contact with his only other daughter and his girlfriend but have received no reply. What would be my next step in finding out if I am entitled to any of his assets?

Asked on October 14, 2011 under Estate Planning, Indiana


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

Answered 11 years ago | Contributor

I am so sorry for your loss.  And for the situation.  If your father had a Last Will and Testament it would be probated in the county in which he resided at the time of his death.  Once a Will is probated it is a public record and it can be viewed by anyone.  But if he had a will or if he did not, you should receive notice of the matter in any event as his daughter.  If he had a Will and you are not named the notice that the Will is being offered for probate starts your time to file objections to probate.  If he had no Will and died what is known as "intestate"  then the intestacy statues governs and most likely you and your sister will share equally.  Please get some legal help here.  An attorney's letter of inquiry will most likely not be ignored.  Good luck.

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