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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My father died 14 years ago and his wife (not our mother)

Customer Question

Hello,
My father died 14 years ago and his wife (not our mother) never provided us (his only 3 children) with a copy of his Will or any notifications for that matter. (Other than a phone call). If he had a Will, even if he left her everything, shouldn't there have been some sort of channel that we be informed of his asset distribution?
Submitted: 7 months ago.
Category: Estate Law
Expert:  jb156200 replied 7 months ago.
Good Evening. When an individual dies their Will is deposited with the court in the County in which they died. When the Petition for Administration is filed to open the probate, all of the blood children of the decedent must be notified of their death. Once the children are notified they have the ability to contest the validity of the Will or the appointment of the executor. There is no requirement to provide the children with copies of the decedent's Will. The children may contact the Clerk of the Court and request a copy of the Will. If the children are not named in the Will, the court does not require the children receive any notification of the asset distribution or what assets exists.Unfortunately due to the passage of time it will be difficult to contest the administration of your father's Will. When he died, and you were notified by phone, the court places the burden on the children to contact the court or an attorney if they want to challenge the Will. Please let me know if you need clarification or have an additional question.

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