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I'm sure it's simple, but I don't know...

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butwhymom

Junior Member
How do I find out if a will exists?

What is the name of your state? Ohio

Seven years ago my father passed away. During his battle with cancer he sat down with myself, my brother, my stepsister and my stepmother to discuss what he would be bequeathing to each of us. Several weeks after his death I received a phone call from my stepmother stating that I would not be receiving anything due to financial issues that my father was unaware of prior to his death. Since that call I have had no further contact w/my stepmother (her choosing). I assumed that there was no will and that she sincerely needed the additional monies designated for my brother and I. Over the weekend I ran into my father’s best friend. He explained that my father had indeed drawn up a will and that he was present when my father sought legal attention. Here’s my question…How do I find out if a will does exist? Thank you for your time!
 
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Dandy Don

Senior Member
Check at the county courthouse probate court to see if a will has been filed yet (normally that is done within 30 days after the death). If it is not there, then stepmother may possibly be withholding the will, in which case you need to hire a probate attorney to open up the estate for your father and ask the judge to force stepmom to produce it for probate court. And if you think he used the assistance of an attorney to draft his will, place a small classified ad in the paper of the city where he lived that asks for information from anyone who might know anything about his will.

DANDY DON IN OKLAHOMA ([email protected])
 

butwhymom

Junior Member
Dandy Don, Thank you for your time!

May I ask another question...when a will does exist, is it law that any party named in the will must be notified? Thanks - Elaine
 

Dandy Don

Senior Member
Of course that is the law. But if no will was filed you would not have been notified. And even if the will was filed, stepmother is so mean that she may have told executor not to notify you or she may not have even put your name on the list of eligible heirs. So you have some investigating to do.

The existence of the will in itself is not reason for notification. Notification applies only if the will is filed in probate court. And you would be notified only if you were named as beneficiary.

DANDY DON IN OKLAHOMA ([email protected])
 

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