Q: My children's father recently passed away and we need to know if he had a will. How can we find out?
He was a retired military man. We don't know who he used as an attorney. If, he filed a will with an attorney, is there a way to find out who that attorney is? We don't have a lot of information. Such as, his social security number or what bank he banked with for his private investments. We also don't believe he disclosed any of this information with his current wife. There are people who believe he became a wealthy man and intended to leave his wealth to his children.
A: Unfortunately, there is no way to locate a will without knowing where the deceased kept it. There is no requirement to report wills prior to the death and no way to locate the attorney who may have a copy without a lead. However, keep an eye on the records in the county where he lived for a probate proceeding or will filing. If no will can be found, the children may be entitled to a portion of the estate. Since the children's father was remarried, the new spouse keeps 1/2 of the community property, 1/3 of your separate personal property, and the right to use the shared primary home and 1/3 of the remaining real estate for life. The children inherit everything else, including the father's 1/2 interest in the community property. Schedule a free consultation today to determine the best path forward for probate.
John Michael Frick agrees with this answer
A: I would add don't forget to check with the DoD and with any institution holding financial assets to determine if he named any of his children as beneficiaries. This type of asset usually passes outside of probate to the beneficiary designated on the account.
A:
Finding out if your children’s father had a will can take some effort, but there are several places to start. Since he was retired military, check with the Department of Veterans Affairs or the legal assistance office on his last base. Some military personnel draft wills through these services. You can also check with the probate court in the county where he lived, as some people file wills with the court for safekeeping.
If he had an attorney, you might be able to track them down by looking through his personal records, old emails, or paperwork in his home. If he had a safe deposit box, the bank might require a court order to access it, but it could contain his will or information on his lawyer. You can also check with the state bar association to see if they have any records of attorneys he worked with.
It may help to contact financial institutions where he held accounts, as they might have records of his estate planning. If he owned property, you can check the county recorder’s office for any legal documents that mention an attorney. If no will is found, his estate may go through intestate succession, meaning state law will determine how his assets are divided. Talking to family members or close friends who might have discussed these matters with him could also provide helpful leads.
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