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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 89538
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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my boyfried died 6-7 13,i also was his caretake. he told me

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my boyfried died 6-7 13,i also was his caretake. he told me he would put me in the will. family wont tell me his lawyers name. how do i find out if i am in will.they have not filed it yet in carroll county. nicholas j. gregorio jr. do i have the right to read will. do i have any rights to see if i am in it. will a lawyer contact me?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry about your loss. I am afraid you have no rights to read the will until it is filed in the probate court under NH law. Under the NH law, when probate is filed all beneficiaries named in the will would have to be notified in writing and it is at that time the will is filed in court and you can read the will. If you are not notified of probate, you need to check with probate to determine when the probate is open and when the will is filed. Once the will is filed in probate it becomes public record and then you can get a copy from the clerk of probate court in the probate file on the case.



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Customer: replied 1 year ago.

i knew that, do they have to file it. his sister is excurter, 2 kids get everthing. what the difference between will and trust


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your wonderful rating. I would thank you to use "reply to expert" if you would like additional information as many times we have no idea what more customers want unless they ask specifically.

I did say above that the will has to be filed if located. It is the duty of the executor in possession of the will or attorney in possession of the will to file the will in the probate court and if there is such a will it must be filed in the court.

A will is a document that distributes property only at death of the grantor and must go through probate court. A trust is where property is placed by the grantor sometimes before death and a trust does not have to be probated. Sometimes there is both a trust and a will and in those cases the will designates all property goes to the trust and then the trust, which is confidential, designates who the beneficiaries are and only the beneficiaries are notified by the trustee as to what they will receive under the trust and the terms of the trust.

In your case, if there is a will and the sister is the executor, she has a legal duty to file the will through the estate attorney in the probate as that is how the estate is distributed. When probate is opened ALL possible heirs and all named heirs in the will are to receive written notice of the opening of probate and it is in probate where the will is "read" which means filed where all parties can read the terms of the will.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 89538
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Law Educator, Esq. and 2 other Estate Law Specialists are ready to help you

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