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Of Attorney for my father and am assisting with his finances…

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I am Power of Attorney...
I am Power of Attorney for my father and am assisting with his finances and affairs. His wife recently passed and we do not have a copy of her will. Can I request the document from their lawyer? Also, they jointly own a beach condo in Nags Head, NC. Does my father become full owner of this property following probate of the estate even if the will makes other provisions?
Submitted: 11 months ago.Category: Estate Law
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Answered in 3 minutes by:
9/20/2017
Estate Lawyer: Barrister, Attorney replied 11 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,047
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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There is nothing that would prevent you requesting a copy on father's behalf, but they wouldn't have to provide it unless it is filed for probate and father is named as a beneficiary. As soon as a probate case is filed and the will is admitted to probate, it becomes a public document and anyone can get a copy from the court..

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As for the condo, if they were both on the deed as joint tenants with right of survivorship, then when she passed, father would instantly become the sole owner of the property with no further action being necessary. The joint tenancy designation trumps a will because wife's interest would extinguish upon her death so there is nothing for the will to dispose of.

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thanks

Barrister

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