My sons grandfather on his dads family past away.

[wendyy2002]

My ex's father pasted away recently. Since his father is my son's grandfather I need to know how to find out if either of us are in the will and what rights my son has. I do not want to be confrontational with my ex, but he didnt even come take my son to the funeral. His father has always been good and loving to me and my son and I just don't know what to do but I do want to know what rights we have because my ex doesnt really take any financial responsibilty for our son and only pays $115 a month (his mom pays it) for child support and here we are struggling and he's got a house and alot of money. If he did leave an inheritance for my son I do not want the non-custodial parent to handle it. How can I find out whats going on in court and how long does probate last?

 

[advisor10]

MAY 24, 2001

DEAR WENDY:

What state is in this in? Usually, a will is required to be filed within 30 days after a person dies. Check at the county courthouse (of the city where the person died) to see if it has been filed yet, or watch the legal section of the newspaper classified ads that will announce when the probate hearing for this person will be (ad is placed only after the will has been filed).

Do you live in the same city or area as where your ex's father died? Is there someone else in their family whom you could speak to discreetly to find out what is going on?

I think that if your son is entitled to anything, that someone (the executor or someone else) will probably be responsible enough to notify you about it when the time comes, but you can't automatically assume that he will be receiving anything. Your ex really cannot get his hands on anything that belongs to your son unless the ex has been named executor of the estate, and even then he will have to follow the legal guidelines in handling the estate.

Probate can take anywhere from a few months to a year, depending on how simple or complex the estate.

It just may be that you have to be patient and wait a while (a few weeks or month) to be contacted about what is happening.

SINCERELY,

[email protected]

 

[wendyy2002]

I am in florida

I live in Fort Lauderdale and he is in Miami. I will try the courthouse in the next 30 days. I am unsure if they would say something to me considering I just found out they did not notify me he was dying in the hospital and I was suppose to see him before he pasted. Thank you for responding and helping me out.