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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33926
Experience:  Estate Law Expert
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My friend's father passed away and they were no longer on

Customer Question

My friend's father passed away and they were no longer on speaking terms; he believes that there is a will that left him a good amount of money - ho does he find out about what happened to the inheritance?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Does he know whether a probate was opened through the courts?

Customer: replied 2 years ago.
he does not know; his mother pre-deceased the father by a year and we found out online that the house is still in her name; there is a sister form whom my friend is also estranged; she would be the closest to the matter but has not reached out to him after the dad's death in January 2014. Where oculd he inquire about the probate?
Expert:  Dwayne B. replied 2 years ago.

The best place for him to look is to go to the clerk of court's office for the probate court in the county in which is father resided at the time he passed away or the county in which he passed away (if it's not the same).

If there isn't a filing there (the case name would be In The Estate of INSERT FATHER's NAME) then it is likely one hasn't been filed. At that point if he know any lawyers that his dad used he could contact them and see if they have a will.

If neither of those ideas work then the next step is to hire a lawyer and file for probate and he can then use the powers of executor to ck banks for a safety deposit box, look through old bank records for a check made out to a lawyer indicating a will was done, etc. The probate lawyer can guide him through the various ways to look for a will.

At some point it may be determined that there was no will or that one cannot be found and in that case the property passes by "intestate succession" which is a specific line of inheritance set forth in the law.