Chicago, IL asked in Probate for Arkansas

Q: My father & mother owned our family home. My father remarried after my mother’s death. Dad has told me and my cousin on

Separate occasions that I would inherit the house and that he had a will. He also said he wanted my stepmother to live there until she dies. My dad passed away November 8, 2019. Now my stepmother says she can’t find the will. What should I do? Should I open probate or wait for her to die before I do anything? My son ran a title search and it is totally in my dad's name. The house was paid off until 2002 when he took out a new mortgage. It was suppose to have been paid off August 2018 but that's about the time dad started going down. There is still 11,000 owed.

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN

A: Wills do tend to "disappear" when the person in possession of it doesn't like what it says, but the person in possession does have a legal obligation to turn it over to the probate court. If you have ANY evidence that there was a will (a copy, someone who witnessed it being signed), you can petition the court to order the person in possession to turn it over.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.