What can I do if I am not being allowed to see my fathers will? 8 Answers as of August 01, 2011My dad passed away in March of 2011 and I am his only child. My uncle (dad's brother) took and sold most of his property like cars, etc and told me at first there was no will and then told me there was a will and that it said to pay him back money that my father owed him. Also they said they put all of my dad's stuff in a storage unit that I have no access to. Also at the funeral my uncle also set up a bank account for me for a college fund and I have had no access to this. please help me figure out what I need to do!
Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
Unless your father had a living wife, you would be the sole intestate (no will) beneficiary. If there is a will, that will normally determine beneficiaries and administrator of the estate. If your uncle is selling property and managing the estate, he can only (legally) do so if he is the administrator. I would check with the Register of Wills office in the county where your father passed away to see whether or not a will was admitted to probate. If so, they will let you see the will. If no will has been filed, you probably should talk to an attorney.
Answer Applies to: Pennsylvania
Law Offices of Mark Lewis & Associates, PC | Andrew C. Spitler
If you can get absolutely nowhere with your Uncle, which you should certainly try to do first, then you can check with the county probate court in the county where your father resided to see if an estate has been opened. The estate file will have a copy of the will if one has been started. If no estate has been started you can start an estate and undertake proceedings to bring the will under the jurisdiction of the probate court and have its terms carried out. If there is not a will, and your father was not married, then his assets should pass to you. Be aware that if he did owe an obligation to your uncle that may have to be paid out of his assets if it can be documented and proven.
Answer Applies to: Arizona
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
You really need to have a consult in person with an attorney as there are too many variables for anyone to advise you properly on-line. Contact a few attorneys and meet with them to get the proper guidance. Most attorneys will not charge for an initial consult. They can give you your options and then you can decide what to do... good luck.
Answer Applies to: California
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
If there is a will your uncle would need to probate it by filing it at the Probate Court for your area. As a prospective heir you have the right to be informed of any hearings etc regarding the will. Your best bet would be to review your situation with an experienced attorney who could help you with your rights and options...Good Luck.
Answer Applies to: Connecticut
Majors Law Firm, P.C. | M. Jason Majors
In Wyoming, if your father had a Will and there are assets subject to probate, the person who has the Will is typically required to file it with the Court and deliver a copy of the Will to the beneficiaries and heirs of the Estate. You may want to check with the Court in the county where your father passed away, to see if it was filed. If it was not filed, you could retain an attorney to assist you with obtaining a copy or possibly ask for assistance from the Court.
Answer Applies to: Wyoming