What to do if my father passed away 3 years ago and my stepmother says that she does not have his Will?

UPDATED: Mar 20, 2013

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What to do if my father passed away 3 years ago and my stepmother says that she does not have his Will?

I know for a fact that he told me he had one before he died and told me that his kids were left some things. She is now selling alot of his things. My stepmother refuses to produce the will. How can I go about getting a copy of the Will when she will not produce the Will. Also, the house that she lives in is in my grandparents names and they are deceased as well. Who does the house fall to now that they are passed as well as my father. It was his parents.

Asked on March 20, 2013 under Estate Planning, North Carolina


Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

Obtain the assistance of probate legal counsel NOW to file a petition into the court for probate of your father's estate, whether there is a will or not. This will commence protection of the assets of the estate for distribution to those beneficiaries entitled to the assets, and put your stepmother on notice to not dispose the assets without court authority.

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