Do I have the legal right to see my deceased fathers Will?

[thevalueman]

There are others here that apparently know more than me....BUT if she has not put it through probate, I do not believe she has legal claim....UNLESS she was joint in all his accounts....she just might have had his estate whittled down into one or two accounts, which she was co signer on, in which case you're screwed, unless you can prove the incompetence...which will be nearly impossible, as I would see it...from what I've read here....was there a house???? who's name was on the deed??? lot a work remains....typically homes/land are held jointly, with right of survivorship....do not know what your dad's state was...

 

[gh1950]

Update,
I was able to get a copy of the Birth Certificat, anyone can do this in their own probate court.

There is no Will on file in the county he lived in when he passed or the other Counties he lived in Previously.

I am certain he has one and may know who the attorney is.

Would he be obligated to share it?

No.

Is his wife obligated to share it?

No

Do I have to wait until she dies?

No.

How do I find out what’s in it?

Yes, but you have to locate it. It may not exist or be destroyed.

Seems to me that I have a right to at least know what’s in it.
Options from here?

Your father's estate needs to be administered before any distributions are made. It can be administered as intestate (no will) and testate (will).

Being as no will has been forthcoming, the presumption is that he died intestate. You, as an heir, can insist that the estate be administered. You, as an heir, can apply to be administrator. While most probate judges will defer to the surviving spouse as administrator, she is not per se entitled to be appointed administratrix.

You, as an heir, are entitled to apply for and be appointed temporary administrator, which will get the ball rolling. As temporary administrator, your only duty is to marshal the assets of the estate, which would include disbursements to her kids who are not heirs. Due to the limited authority of the temporary administrator, the probate judge is more likely to appoint you and let you proceed,

If you apply for administration of the estate, this will more than likely flush out any will, as she will likely take less through intestate administration than through a will.

In any event, applying for administration will give you a legal basis to get answers to some of the questions you have raised. She may contest your appointment, but again, in the process, you can get all of your questions answered.

So, if you want to move forward expeditiously, you should apply to be appointed temporary administrator of your father's estate - and watch it all hit the fan.

Along this line, it's illegal to conceal a will. The heirs (which would include you) can agree to not probate it, but to totally conceal it is illegal.

Want to emphasize that getting appointed temporary administrator is easy because of the limited powers which are limited to marshaling the assets.

 

[GeauxLSU]

Sounds like you need to hire G gh1950

 

[davans]

There are others here that apparently know more than me....BUT if she has not put it through probate, I do not believe she has legal claim....UNLESS she was joint in all his accounts....she just might have had his estate whittled down into one or two accounts, which she was co signer on, in which case you're screwed, unless you can prove the incompetence...which will be nearly impossible, as I would see it...from what I've read here....was there a house???? who's name was on the deed??? lot a work remains....typically homes/land are held jointly, with right of survivorship....do not know what your dad's state was...

The existent of the estate boils down to the home. I know it’s paid for and roughly 500k value. I doubt there is a pile of money in the bank. He was retired Navy, retired with a pension from his next employer plus S.S. So the cash is drying up. What’s chapping my butt is her giving all of his personal possessions to her kids and absolutely nothing to me who was always close to him or either my brother and sister. I had to show my ares to get her to give me his 3 guns, one of which was my great grandfathers gun that was always intended to be mine.

I know she was on the bank account and I believe she was on the deed for the home.

 

[davans]

No.

No

No.

Yes, but you have to locate it. It may not exist or be destroyed.



Your father's estate needs to be administered before any distributions are made. It can be administered as intestate (no will) and testate (will).

Being as no will has been forthcoming, the presumption is that he died intestate. You, as an heir, can insist that the estate be administered. You, as an heir, can apply to be administrator. While most probate judges will defer to the surviving spouse as administrator, she is not per se entitled to be appointed administratrix.

You, as an heir, are entitled to apply for and be appointed temporary administrator, which will get the ball rolling. As temporary administrator, your only duty is to marshal the assets of the estate, which would include disbursements to her kids who are not heirs. Due to the limited authority of the temporary administrator, the probate judge is more likely to appoint you and let you proceed,

If you apply for administration of the estate, this will more than likely flush out any will, as she will likely take less through intestate administration than through a will.

In any event, applying for administration will give you a legal basis to get answers to some of the questions you have raised. She may contest your appointment, but again, in the process, you can get all of your questions answered.

So, if you want to move forward expeditiously, you should apply to be appointed temporary administrator of your father's estate - and watch it all hit the fan.

Along this line, it's illegal to conceal a will. The heirs (which would include you) can agree to not probate it, but to totally conceal it is illegal.

Want to emphasize that getting appointed temporary administrator is easy because of the limited powers which are limited to marshaling the assets.

I appreciate your response.
My takeaway is that I can force the issue.

Thanks,

 

[davans]

Sounds like you need to hire G gh1950

Just might do that.

 

[gh1950]

I know she was on the bank account and I believe she was on the deed for the home.

If it is in a Georgia county, you can look up the tax records online (except for about 3 backwards counties) and find out whose names the property is in.

If your father was on the deed, now you and your siblings are co-owners of an interest in the real estate, if no will is forthcoming. So if there is one, it will probably forthcoming shortly after you apply for administration.

Correct, you have the absolute right in Georgia to force the case.

 

[davans]

I guess there is nothing keeping her from Destroying the Will and creating another one for her that includes or excludes anyone of her choosing.

 

[knifestuff]

By law in GA, the will of a decedent must be filed in the county in which he resided, even if probate will not be opened. The law is clear. Once filed, it is public knowledge.
Sounds like a demand letter to the surviving spouse might be in order.

 

[davans]

If it is in a Georgia county, you can look up the tax records online (except for about 3 backwards counties) and find out whose names the property is in.

If your father was on the deed, now you and your siblings are co-owners of an interest in the real estate, if no will is forthcoming. So if there is one, it will probably forthcoming shortly after you apply for administration.

Correct, you have the absolute right in Georgia to force the case.

Qpublic will not let me see Cherokee county.