Chickasha, OK asked in Estate Planning and Probate for Oklahoma

Q: Grandmother died almost 7 years ago, and my aunt won’t read the will.

My grandfather died in 2010, grandmother in May 2013. They left a will, that my aunt “can’t bring herself to read” and now “can’t locate”. My father, their son, passed 3 moths after my grandfather. My question is, does what was left in the will to my father go to me and my sister now? Is there a statute of limitations on reading and executing a will after death? If so how long? What can I do to MAKE the will appear and be read? I’m pretty sure the aunt is just blatantly refusing to tell us what it said, and that she has already read it. I’m desperate for answers.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You make the will appear by hiring a probate attorney to help you file a petition to probate the will and to have your self appointed as executor. Once you are appointed, or maybe before then, you will have the power of the court to compel your aunt to produce the will.

Brian Boeheim
Brian Boeheim
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: Yes, unless otherwise stated in the will or trust, what would have been passed to your father should go to you and your sister. You should most likely file probate first for your grandfather. This will force your aunt to take some action, even it is to rely and show up at court. If there is a will, it will have to be brought. If not, you can proceed on without one. This all gets messy. You really need an attorney to traverse the legal process on this one.

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