about 2 years ago
An anonymous caregiver
said...
Parent Passing
I want to know how i would go about finding out if my father left anything to myself and son. My stepmother won't tell us anything and refuses to take are calls. My dad passed in AZ and i'm in CA.
Please if anybody is out there i really need your help. Any advice would be good.
Please if anybody is out there i really need your help. Any advice would be good.
Hello, Velinda,
I found this page: http://www.caring.com/questions/wills-find-out-if-mother-had-a-will Maybe it will help. Good luck!
Hello, Velinda,
I found this page: http://www.caring.com/questions/wills-find-out-if-mother-had-a-will Maybe it will help. Good luck!
I have a someone dated pamphlet related to the being executor of a will, and it states that the attorney is required to file the will with the probate court and that "once the will is filled" anyone may obtain a certified copy from the county probate clerk upon payment of a fee. This my not help in the short term but at some point in time you should be able to obtain a copy.
I have a someone dated pamphlet related to the being executor of a will, and it states that the attorney is required to file the will with the probate court and that "once the will is filled" anyone may obtain a certified copy from the county probate clerk upon payment of a fee. This my not help in the short term but at some point in time you should be able to obtain a copy.
Maybe you need to find an elder law attorney in the area where your dad lived. They would know how to find out what you want to know and how to research probate records for you. It might cost a little money, but it might be worth it in the long run.
Good luck to you, Velinda.
Maybe you need to find an elder law attorney in the area where your dad lived. They would know how to find out what you want to know and how to research probate records for you. It might cost a little money, but it might be worth it in the long run.
Good luck to you, Velinda.
Yes, the will has to go thru the Probate Judges Office. It will be filed in the county where your Dad lived. You can get a copy by paying a small fee for coping. Good Luck.
Yes, the will has to go thru the Probate Judges Office. It will be filed in the county where your Dad lived. You can get a copy by paying a small fee for coping. Good Luck.
If your father set up a living trust, it would not go through probate.
It is my understanding that the Executor of the will or Successor Trustee of the trust is required to notify all beneficiaries within a given period of time. (That time may differ from state to state, but it's something like 60 days.)
If you do not receive notice and a will does not show up in probate court, the next step is to try to get letters of administration; these will give you the legal power to investigate your father's affairs. Let your stepmother know what you intend to do, to make it clear to her she does not have the right to keep you in the dark. If she tries to fight you, she has to admit the existence of the will or trust, and you can then ask the court to order her to produce the document.
You would need an attorney who practices in AZ to help you prepare and file the necessary papers.
If your father set up a living trust, it would not go through probate.
It is my understanding that the Executor of the will or Successor Trustee of the trust is required to notify all beneficiaries within a given period of time. (That time may differ from state to state, but it's something like 60 days.)
If you do not receive notice and a will does not show up in probate court, the next step is to try to get letters of administration; these will give you the legal power to investigate your father's affairs. Let your stepmother know what you intend to do, to make it clear to her she does not have the right to keep you in the dark. If she tries to fight you, she has to admit the existence of the will or trust, and you can then ask the court to order her to produce the document.
You would need an attorney who practices in AZ to help you prepare and file the necessary papers.
I tried but because that house they live in my stepmothers name is on it. so i know that house will not be in probate. but i don't know if there's other property that he hadn't told me about. I will be getting his death certificate probably by tomorrow. The only other thing i can think of if there is no will to start going to banks and checking. I know he left something for my son i just don't know if he had a will or not. that's my delima. but if you can think of any other suggests it would be greatly appreciative.
I tried but because that house they live in my stepmothers name is on it. so i know that house will not be in probate. but i don't know if there's other property that he hadn't told me about. I will be getting his death certificate probably by tomorrow. The only other thing i can think of if there is no will to start going to banks and checking. I know he left something for my son i just don't know if he had a will or not. that's my delima. but if you can think of any other suggests it would be greatly appreciative.
thank u so much. i can try calling the probate office again. they would it be an attorney that can give me the letters of administration. The problem i have with that is that i can't afford to higher an attorney. Unless the do it where they get paid a percentage of what i receive. Do you know if the lawyers do that for this type of situations?
thank u so much. i can try calling the probate office again. they would it be an attorney that can give me the letters of administration. The problem i have with that is that i can't afford to higher an attorney. Unless the do it where they get paid a percentage of what i receive. Do you know if the lawyers do that for this type of situations?
Most attorneys will give you an initial consultation for free. You could get better advice from an attorney who specializes in wills and trusts than from us. :-) They would also give you an idea of whether it's worth your time and money to pursue this, and how much they would charge. I wouldn't think it would cost very much. Depending on your financial situation, there may be attorneys who would do this for you pro bono (for free). You could ask them how to find an attorney who works pro bono if the one(s) you talk to aren't willing to do that.
Most attorneys will give you an initial consultation for free. You could get better advice from an attorney who specializes in wills and trusts than from us. :-) They would also give you an idea of whether it's worth your time and money to pursue this, and how much they would charge. I wouldn't think it would cost very much. Depending on your financial situation, there may be attorneys who would do this for you pro bono (for free). You could ask them how to find an attorney who works pro bono if the one(s) you talk to aren't willing to do that.