Can I find out if my deceased father still had a will? I have a feeling I’m being lied to.: I am positive that my father had made a will when I was a kid (almost a teenager). His 2nd wife of 6 or 7 years ago (when he passed away in 2014) says there was none. I even remembered what law office did it. Is it possible for me to contact them as I was his daughter can find out if he did? I think I’m being lied to about something. I don’t want to sound like an idiot if I call them (as I sound on here). Or is there another way online to find out if he still had a will/ if he kept it?
CL’s answer: Often, remarrying persons create new wills or trusts upon remarriage. Sometimes they don't. Sometimes new spouses hide or destroy old wills that leave everything to children of the first marriage. If you know the attorney who prepared your father's original Will, you are well within your rights to contact that attorney or firm and hope they have a copy, which can, in some instances, be admitted to probate. Even if there is a Will, the wife has "spousal rights" that allow her to take against the Will. Depending on how much there and how many children there are, the spouse may get half or less of the estate even if the Will says otherwise. If there is no Will, and if the estate is larger than about $50,000, the children still share the inheritance with the wife under the statutes of descent and distribution.
What form or forms do I need to file probate on the deed of the house: Dad passed away in 2025. Mom is living and wants the the deed of the house in her name. No will, no trust and no tod.
CL’s answer: If the deed is "Joint Tenants with Rights of Survivorship" it is not necessary to open a probate estate to transfer the real estate to your mother, although you are going to want to use a competent probate or real estate lawyer to prepare and properly record a Survivorship Affidavit. If the deed is not a "survivorship" deed--and a surprising number are not--it will be necessary to open a probate estate for at least half the house. It is confusing enough that I strongly recommend you do not try this as a DIY project unless it is a county where the court's staff will walk you through the process. Most won't. Real estate titles are too important to DIY this project.
If my brother had a biological daughter can she have vehicle titled without probate? Or No: My Brother lived with mother who gave brother my Dad truck. He was not married. My Brother has now passed from lung cancer. While sick He gave me POA (medical and financial) as he was estranged from daughter. He never did anything with truck. It is sitting at mother home still and we need to get title. How can we get title can this be done without going into probate? Will it go to daughter automatically or could she sign for me or my mother to have? If sold who would get money from sale?
CL’s answer: All assets owned by a decedent on the date of death belong to the estate of the decedent unless there is a TOD, POD or beneficiary designation. Some cars can pass directly to a spouse outside of probate, but otherwise they must go through probate. If it is the only asset and the daughter is the only child, you can probably figure out how to do this yourself without paying a lawyer; otherwise you will need a probate attorney to help you with the process.