Father's will

[nickg1988]

What is the name of your state (only U.S. law)? LA..... My father recently passed and I have no clue what's in his will, he did tell me that he left me something in his will. My step-mom has not giving me any info as to what it states. How can I find out what's in his will?

 

[Dandy Don]

Please give his spouse time to grieve. She may wish to wait a few days before filing the will at the county courthouse. Check at the courthouse (online) within the next 30-60 days. When she has filed it, you can go the courthouse and get a copy of it yourself since it will be public record.

 

[adjusterjack]

What is the name of your state (only U.S. law)? LA..... My father recently passed and I have no clue what's in his will, he did tell me that he left me something in his will. My step-mom has not giving me any info as to what it states. How can I find out what's in his will?

Might not matter. If they owned everything jointly with right of survivorship the will might be irrelevant.

You'll just have to wait and see.

 

[nickg1988]

He passed in May. I was told that his will was done through an attorney (step-daughters friend). The house is in my father's name.

 

[nickg1988]

Is there a time frame to probate a will?

 

[adjusterjack]

Is there a time frame to probate a will?

6 months to a year average.

Check the county probate court where your father was located and see if there is a probate case file on him. If there is, it's public record.

Get a complete copy of the case file (every scrap of paper in it) so you can figure out what's going on.

Come back to this thread when you have it.

You go nowhere without it.

The house is in my father's name.

Are you sure about that? Do you have the latest deed in front of you? If not, get a copy of that from the county records, too.

 

[nickg1988]

I only looked on the appraisal district website.

 

[colourfastt]

Might not matter. If they owned everything jointly with right of survivorship the will might be irrelevant.

You'll just have to wait and see.

Louisiana does not have "right of survivorship"; that is a common-law concept, and Louisiana is a (and the only one) civil law state.

 

[latigo]

Do you have the latest deed in front of you?

Excuse me, but no one familiar with how instruments affecting the ownership and or interests in land are officially maintained would ask the question, "Do you have the latest deed in front of you?"

It isn't as though you can walk into a county recorder or land records office and obtain a copy of the latest deed to a given piece of property.

 

[FlyingRon]

Excuse me, but no one familiar with how instruments affecting the ownership and or interests in land are officially maintained would ask the question, "Do you have the latest deed in front of you?"

It isn't as though you can walk into a county recorder or land records office and obtain a copy of the latest deed to a given piece of property.

In many cases it is (or easier, in my county I can type in a street address or some other identifier and have the last deed page printed out without getting out of my chair). However, just having the "latest" recorded instrument isn't often sufficient. That's why we have title search companies.

 

[Dandy Don]

Consult an attorney or do some online research to find out what your rights may be as a potential beneficiary in this estate.

Look at Louisiana succession laws to find out how much of a share in her husband's estate does a spouse get (in most states, a surviving spouse is entitled to a certain portion of the estate) and whether you, a stepchild, would have a right to receive anything.

 

[LdiJ]

Consult an attorney or do some online research to find out what your rights may be as a potential beneficiary in this estate.

Look at Louisiana succession laws to find out how much of a share in her husband's estate does a spouse get (in most states, a surviving spouse is entitled to a certain portion of the estate) and whether you, a stepchild, would have a right to receive anything.

The OP is not a stepchild. Its the OP's father who has passed away.

 

[colourfastt]

Consult an attorney or do some online research to find out what your rights may be as a potential beneficiary in this estate.

Look at Louisiana succession laws to find out how much of a share in her husband's estate does a spouse get (in most states, a surviving spouse is entitled to a certain portion of the estate) and whether you, a stepchild, would have a right to receive anything.

In Louisiana succession law, there is no "spousal portion"; the surviving spouse retains his/her half of the community property. If there is a testament, then the decedent's assets are distributed per the testatment; if not, then the children inherit the decedent's half of the community property.