Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

How can you tell if someone who has died has made a second

 
Timothy D. Smith's Avatar
  • Answered by:Timothy D. Smith
  • Attorney
  • Positive Feedback: 97.1 %
  • Accepted Answers: 641
Verified Expert
in Legal

Recent Feedback

Positive
ok will do!
Positive
Opened up another avenue to approach my problem
Positive
Great answer, gave me confidence to stand firm and seek other legal help in my...
Positive
This is a starting point, one that I didn't have. Thank you.
Positive
I'll try it, thanks.
Positive
Thank you
Positive
Mr. Smith has a thorough knowledge of situations - even obscure or complex ones...
Positive
Prompt and understandable answer.
Positive
I would like to have heard whether the Shell vs EEOC decided in 1984 by the US...

Customer Question

How can you tell if someone who has died has made a second will?

 

Optional Information:
Country relating to Question: United States

Already Tried:
ASking spouse but he is a liar and won't give any info

Submitted: 296 days and 11 hours ago.
Category: Legal
Value: $28
Status: CLOSED

Accepted Answer

Picture
Expert:  Timothy D. Smith replied 296 days and 11 hours ago.

I hope this message finds you well, present circumstances excluded. This can be a tough issue because there is no law that states a person has to file their will with any court or repository while they are alive. Perhaps the best way to find a secondary will is to request in the country court in which the person that passed away and in which the current will is being probated that Subpoena's be issued to those that may have knowledge of an additional will to produce such document if it exists or sign an affidavit swearing that there is no other will.

In other words, the only will currently known about will have to go through the court system for the court to sign off on it. This is called probating the will. If the will is not being probated and you are an interested party, you can petition to the in the county in which the deceased resided to probate the will. If the will is already before the court, you can make what is called an entry of appearance (which formally announces your interest in the will) before the court.

You then request that the court issue subpoenas to those people that may have knowledge of an addition will to force them to produce this information or swear and attest that such a second will does not exist.

In summary, the best (and perhaps the only) way to find out if there is another second will is to have the only other will probated before the court and request that the court issue subpoenas to people that may have knowledge of another will to either produce it or go on record that it does not exist to their knowledge.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.1 %
Accepts: 641
Answered: 6/26/2012

Experience: 9 years practicing IP law and general litigation

Ask this Expert a Question >
 
Tweet

12 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
what legal right does one spouse have to stop and prevent the 4/18/2013
I'm in Indiana and was a mistress to a married guy(he's from 4/18/2013
Fwd from my son I need some legal advice, I've been trying 4/18/2013
Marine Corps Veteran F**CK#D UP by our Government... AGAIN! 4/18/2013
My dad is in the hospital at the moment for a different kind 4/18/2013
I am wondering if I should answer questions a social worker needs to a 4/18/2013
Good afternoon, I find myself in a somewhat strange situation: 4/18/2013
I have filed bancruptcy in 2009 and surrended my house too. 4/18/2013
My brother will not allow any family member to see my 86 year 4/18/2013
I live in minnesota my daughter baby sits for a couple. They 4/18/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
182 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan