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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33703
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I have no idea where he Bank I have no idea where the files

Customer Question

I have no idea where he Bank I have no idea where the files are all I know is that his brother my uncle. With all of his assets and he has passed away I don't speak with him and I don't speak with his wife and I don't speak with obviously my father because
he's not here anymore so what I have to get a lawyer to subpoena those papers because I don't know if she filed a subpoena subpoena or whatever she did but I'm sure you're right but she did do that to find out if anything was in his name alone they're both
retirees from school districts and I have a feeling that you know on his 401 K or something he probably had hundreds of thousands of dollars in his name alone so that's why I'm asking how do I get ahold of that file no one's going to tell me where he did always
thinking or give me his paperwork or his portfolio of finances. Do I have a right to see them as his child?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello again,

.

As an aside, you really don't need to open a new question each time, as the JustAnswer folks charge for each question, and you can just reply in your other questions and I will respond..

.

If you aren't on good terms with the family, then once a probate case is opened and you are appointed Administrator, you can subpoena documents from the wife or anyone else who may have them.

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But a 401K goes to the wife automatically under federal law as the spouse is the default beneficiary unless they specifically waive those rights in writing. So that wouldn't be an asset that would be in his estate as it passes directly to the surviving spouse just like life insurance goes to a named beneficiary.

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But as a child no, you don't have a legal right to his financial records. As the Administrator of his estate, you would.

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thanks

Barrister

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