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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35820
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Father passed in 2002 leaving estate to step mother.never

Customer Question

Hi.Father passed in 2002 leaving estate to step mother.never got copy of will but was there at signing. He wanted everything to go to us after she passed. I jusfound today ...online no lessshe died 2 ys ago and looks like she gave the house to her niece. Never notified and not sure she had current address. Not sure if orginal will was valid as he was dying on mrphine drip. Didnt make waves but now all seem so unfair. Need to get copies of his and her will from fredriksburg VA.i saw a notification online of house title switch last year to herniece. My brother and I imagine mabe the verbiage of his will was in her benefit as she found a lawyer and swooped in days before death...he just wanted us to inherit after she passed. He just signed and needed help holding pen. Sound like she gave the house intrust in 2004. Internet showed title change last year. Still shocked it has been 2 yrs since she died and no one told us kids (adults). Do we have any recourse? How to find will and or trust
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If there was a will filed, it would be in the local probate court in the county where father passed away. Since it is a public record, anyone can get a copy of it from the clerk.

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But if the will just gave everything to stepmother, then she would have been free to do whatever she wanted with it after receiving it, including giving it to her family.

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Only if father's will gave her a "life estate" only, and not legal ownership of the property, and then named you as his "remaindermen" to receive the house after she died would that occur.

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But if there was a trust set up by stepmother, those are completely confidential and aren't recorded anywhere, so you couldn't get a copy of it.

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However, all you need to know will be in father's will as to what he did with the property legally. So once you get his will, you will know if you have any grounds to challenge the transfer to niece as improper.

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thanks

Barrister

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