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Can I legally discover if a deceased relative left a will?

Providence, RI |

My aunt owned a house and passed away. She has several siblings but my uncle (executor) has filed the will in probate. He is withholding information from his siblings and they believe he may be trying to sell her house and keep the proceeds for himself and his family.

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Attorney answers 4

Posted

You should go to the probate clerk's office in the city or town where the Will has been admitted for Probate and get a copy of everything in the court file. Then I recommend calling a probate attorney as soon as possible. I could not advise you properly without seeing these documents and getting more info from you. I handle a lot of probate matters and would be happy to meet with you to discuss in further detail. Feel free to call my office and schedule an appointment. Good luck.

Posted

Mr. Mineau's answer is 100% correct. Listen to him.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Posted

I agree with my collegue on how to obtain information about the will. Generally, if a probate estate has been opened, the intested persons will receive copies of the will with a Notice of Administration. Here, siblings of the deceased seem to think they are entitled to see the will. If your aunt was married, her spouse and her descendants, rather than her siblings will likely be the beneficiaries. In my years of practice, I rarely see siblings named as beneficiaries - unless they are named as "default" beneficiaries in the event that a spouse and/or lineal descendants to not survive.

Posted

I agree with my colleagues. I would simply add that it is likely that all of the assets were jointly owned between spouses. If that is the case, it does not matter what the Will says. The property would pass to the surviving joint tenant.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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