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locating a will

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spirus

Junior Member
Indiana

My father passed away last year and his sister was named as executor. The problem is she refuses to allow us to see the will.He resided in one city and died(same state) in another, so where would the will be on flie? I do know the will has never been probated.

I was told if the will is on file at the court house, I would need to know the recording date in order to locate it.
Is this true?

If I hire an attorney to resolve this matter, do I need to hire one that specializes in wills and probate?
Any advice you can give me on locating the will would be greatly appreciated.

thanks very much,

Spirus
 


A

advisor10

Guest
JUNE 21, 2001

DEAR SIRIUS:

The first place you need to check for the will is at the county courthouse of the city/state where your father died.

There is no way you would know the recording date, but it helps greatly if you know the month and year that your father died so the clerks can know where to begin searching in the wills register.

Yes, you should hire a probate attorney. He/she can file a petition with the courthouse to force your sister to produce this will if she has it. It is illegal for her not to file it, since most places require that the will be filed within 30 days after the person has died. I'll bet she has already filed it and for some reason just does not want to let anyone else in the family know what is in the will--maybe so she can try to keep everything for herself.


SINCERELY,

[email protected]
 

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