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My dad passed away after a fight with cancer three years…

Customer Question
My dad passed away...

My dad passed away after a long fight with cancer three years ago. My stepmother told us that her son was nominated executor. She informed us that my dad left her everything, after we inquired to see the will. It has now come to light that in fact, my dad nominated my brother. How do my brother and I obtain a copy of his will, as we believe stepmother and family have been dishonest and disloyal to our dad's memory?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

We are in South Africa..

Lawyer's Assistant: What documents or supporting evidence do you have?

My dad passed away in Jeffreys Bay, Eastern Cape. My brother has a copy of his death certificate.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My stepsister called my brother last night to inform him that he, in fact, is the executor. She seemed to be panicking, requesting my brother to sign documents, of which nature, we have no idea! She is in another province in South Africa.

Submitted: 10 months ago.Category: South Africa Law
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Answered in 42 minutes by:
10/3/2017
Lawyer: Christiaan K,
 replied 10 months ago
Christiaan K
Category: South Africa Law
Satisfied Customers: 229
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

My name is ***** ***** I will assist you in answering your question today so please feel free to ask as many follow-up questions as you like until you are satisfied that I have answered your question.

I am sorry to hear about the passing of your father.

First thing you need to do is to get an attorney to assist you with this matter as it will become rather complicated and you will need help. An attorney would be able to ascertain the estate number at the Master of the High Court with whom the estate should have been reported and will then also be able to assist you in getting a copy of the will.

If fraud is indeed recovered, you can appoint the attorney to act as the agent of the executor. If the master has made a appointment of executor based of fraud, an attorney will assist you with having the executor removed and bringing charges (civil and criminal against the wrongdoers). To try your own hand at this will be mutch to difficult as there will be many things to consider and you must ensure that you take the correct approach.

The long and the short of my answer to you is that you can get a copy of the will from the Master of the High Court but you will need the etstate number to request a copy first.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I don't get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively.

Kind regards

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Lawyer: Christiaan K,
 replied 10 months ago

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Experience: Attorney & Director at Lombard Kotze Incorporated

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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).

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