What do I do if I know I was listed to get a percentage of a friend’s estate but was overlooked?

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What do I do if I know I was listed to get a percentage of a friend’s estate but was overlooked?

What legal avenue can I do to get my share?

Asked on January 14, 2016 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you were in the friend's will (and the will was valid--e.g. properly written, signed, witnessed, etc.) then you have to get was left to you. A will must go through probate and will be on file with the court: you can check with the court and verify whether you are owed anything and, if you are, could bring a legal action to get it. (You most likely should hire an attorney to help you with this.)
But oral promises or an intention to put you into a will doesn't count--you'd be entitled to something only if you were actually given something in a will. If you were not in the will, or if there is no will, you are not entitled to any share of your friend's estate.


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