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My wife's friend for 25 yrs passed away in Dec. 2012, she thinks she is in his will.

Hartford, SD |

The will was not entered into public records yet. She did receive a phone call saying that her personal belongings will be sent to her in a few months. But she is concerned about if she is in the will. Thank you

Attorney Answers 2


  1. A Will is supposed to be desposited with the court - generally within 10 days of death (but this rarely happens this quickly) Check with the court in the country where her friend resided and ask where to file a "caveat." This is a document that requires the court to notify a person before a personal represenrtative / executor has been appointed if a probate estate has been filed. If your wife is in the will - a copy of the will should be provided to her. It is not unusual for it to take several months before the nominated executor files for probate.


  2. I concur with Attorney McMahon. You can file a caveat as suggested or wait it out a bit longer.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

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