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Will

My father passed away 7 years ago. His 2nd wife never said if he had a Will or not and she kept everthing. I never asked because I thought if he had a Will even if we were not in it legally by law we his biological children would have been notified. Is it to late for me to ask if he had a will or not and who would I ask? If he did not have one is it to late for us to take legal action?

Asked on December 2, 2017 under Estate Planning, Illinois

Answers:

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

Answered 3 years ago | Contributor

No, it is never too late to ask and yes, you are correct that if he had an estate to probate you should have been notified under the law.  You can check the Probate court in the county in which your Father resided at the time of his death for a file under his name.  It is a public record.  Understand, though, that if everything was jointly held with his new wife it passed to her automatically by operation of law when he passed and he would have no estate to probate.  Take the first step at Court.  If you find something that looks fishy seek legal help.  Good luck.


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