Q: Steps to take if will is not available and probate not started.
After my father passed away on July 7, 2024, everything was left to my stepmom, who now has dementia and is in hospice care. My brother claims ownership of assets like a truck and lawn equipment, but the will has not been made available for me to see. What actions should I take, considering probate hasn't been started and my stepmom's condition is worsening, to ensure the will is seen and properly addressed?
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- Georgia
- (770) 874-7824
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- Answered
A: You can move forward with probating the estate and requesting to be the personal representative. At such time, if someone has the Last Will and Testament, they can object. They would then need to produce the Last Will and Testament. From the form of the statements above, it seems you assume that the Last WIll and Testament was properly executed and that the original or copy has been found. Until you have seen it, you do not know. Additionally, you should consider the fact that you may be getting a different share of assets if there is deemed to be a valid Last Will and Testament versus there not being one.
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