How to find out if a family member had a Will?
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How to find out if a family member had a Will?
My auntie and father have been living together for over 30 years. After my
aunt’s passing, the grandnieces have moved my father from the house and taken over ownership. My auntie had no children nor was she married. Does my father have a right to file a claim on the estate?
Asked on February 10, 2017 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can check to see if a Will has been entered into probate with the porbate court in the county in which you aunt was domiciled as of the dtae of her deat. Alo, even it it hasn't yet been (assumingh that she had a Will), if your father was abenfciary of it he woulf need to be notified by the executor of the estate. If your aunt died "intestate" (i.e. without a Will), then her heirs would inherit, in this case her children (and survving spouse, if any). If she had no children, then her sibilings (your father and his brothers/sisters, if any) would be next in line and only if she had none would her neices/nephews inherit.
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