Q: My dad was kicked off property belonging to his mother. She passed away recently. It is possible she may have a will.
Does my dad have any legal rights to the property if recorded under trustee name of his sister? What about rights to family items, property, money, etc... Being a son, will he get called to the will reading even if he is not a beneficiary named in the will?
A:
If someone died with a will, that will governs what happens to the property in their estate. This includes anything titled in the persons name when they died (whether real estate, furnishings, cash, etc.) When an estate is opened in this state, the personal representative must file the will and must also give notice to all interested persons. As a child of the person who died, your father should get notice as an interested person. Anyone (whether or not they are listed as an "interested person") can view the estate file and the will after the estate gets opened. Note that if property is held by a Trust (you mentioned a "trustee"), then that property does not go through the estate but instead passes under the terms of the trust document. The Trustee is charged with disbursing the property to the beneficiaries named in the trust, in the manner & way the trust calls for.
This post offers general legal information and shouldn't substitute for specific legal advice. Your father may want to consult with an attorney and/or obtain a copy of the will to understand what specific rights he may have in property belonging to your grandmother.
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