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My mother-in-law (deceased) always said that my husband was ...

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My mother-in-law (deceased) always said that my husband was in the will of an elderly relative, who just passed away recently. How can he find out if he is indeed in the will?
Submitted: 9 years ago.
Category: Legal
Expert:  LawHelpNow replied 9 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance.

  1. If you know the identity of the executor (also called administrator or personal representative), you should start by asking that person directly.
  2. If that does not work, then if you know the identity of the decedent's attorney contact him or her and explain that you believe you are a beneficiary.
  3. If not successful, contact the local county clerk at the courthouse and see if the Will was placed on file there after it was initially drafted and executed.
  4. If this is not a viable option, check with the probate court(s) in the county/state. To be given legal effect the Will must be probated.
  5. If all of this does not work, that pretty much leaves the option of speaking to any friend or relative who might remotely have any knowledge of the contents and whereabouts of the Will.
  6. The Will may well be locked away in a safe deposit box or safe (or lost), and depending on the jurisdiction the executor actually may have up to a number of years before it must be probated.
  7. If all of the above fails, you would need to contact a lawyer and explore extraordinary remedies such as filing an affidavit of lost will, etc.

If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 9 years ago.
Reply to Benjamin M. Burt, Jr., Esq.'s Post: The elderly person told me, upon questioning who would inform us of her death, she replied, "My laywer". Should we just sit back and wait. Her death was April 21, 2008.
Expert:  LawHelpNow replied 9 years ago.

Hello again and thanks for writing back.

  1. Based upon the additional facts you have supplied this death is quite recent in the usual scheme of things. I would wait for a while and see what happens.
  2. There is no hard and fast rule applicable to every situation, but just as a general rule of thumb, you should probably receive notification within about a month of the death.

Take care and thanks again for choosing Just Answer™.

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