If my grandmother just passed away, how do I find out if she has a Will?

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If my grandmother just passed away, how do I find out if she has a Will?

My grandmother, who has had dementia for the past 5 years just passed last week. My uncle forced her to move in with him 4 months ago. I believe he has been scamming money from her. I don’t know whether or not she had a Will nor do I know how to find out. He won’t even let us have the family recipes. What should we do?

Asked on August 19, 2012 under Estate Planning, Illinois

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  What some one needs to do is to be appointed as the personal representative of her estate.  If she had a Will it would be filed in the county in which she resided at the time of her death.  If she did not have a Will then the intestacy statutes will apply. If there is a Will and it was executed during the time that she had the dementia then I would speak with an attorney about contesting.  Good luck.


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