How can I get a copy of my dad’s Will and if there isn’t one, what happens?

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How can I get a copy of my dad’s Will and if there isn’t one, what happens?

My dad died last month; he lived in another state. My stepmother said there was no Will. He was a tax specialist for the ATF and a retired veteran for the Army. I know there is a Will. How do I put my name in for being considered or contacted for the Will? Also, I have heard that since I am his only child from his first marriage, I have a bigger claim than my stepmother. Is there any truth in that?

Asked on January 22, 2017 under Estate Planning, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can see if his Will was filed with the probate court of the county in which he was domiciled at the time that he died. If it's not there, you could check with his attorney or other family members and friends. If you are uncsuccesful in finding a Will, then you'll have to accept that there is none. In that case, your father will be deemed to have died "intestate". Accordingly, the intestacy laws of his state will control how his estate is divided. You can check the spedific state law online.


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