What to do if our father recently passed away and before his passing were told by him that he had a Will?

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What to do if our father recently passed away and before his passing were told by him that he had a Will?

His second wife of 7 years has made no contact with us and we feel that she has no intention of doing so. His estate was quite large and while he was very ill many things were signed over to her. What do we do to find out if in fact there was a Will?

Asked on March 18, 2013 under Estate Planning, Michigan

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  You are in a difficult position here and you should speak with an attorney as soon as you can. If you think that there was any undue influence or taking advantage of him while he was ill then you can try and set aside the transfers.  If there is a Will maybe his attorney has it and you can demand that it be probated.  If there is not a Will found then the intestacy statutes will apply and then you and your siblings should share in anything that did not pass automatically to her upon his death.  That is why setting aside the transfers may be important.  If there is a probate proceeding filed it will be filed in the county in which he resided at the time of his death.  But remember: assets that pass automatically upon death do not have to be probated.  Good luck.


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