my dad said he did but ny step mom wont say yes or no that he did or didnt but he said he had acouple, what r my options
You have a right to know whether or not there is a trust. If there is a trust, you have a right to all relevant sections (usually all of it). If there is a will, it must be filed with the probate court. All of this being so - how do you move forward: The easiest and most certain approach is to hire an attorney to first check on the titling to your Dad's home and any other real estate in the public records; second send her a firm letter insisting that she produce documents, If the house is not in a trust, and is not in joint tenancy, open a probate. If in trust, file an action in court to compel her cooperation. Do not let your rights slip away by the passage of time.
Very truly yours,
Joel S. Weissler
Attorney at law
Weissler Law Group
2635 Camino Del Rio South #301
San Diego, California 92108
Phone: (619) 281-1888
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I agree with Mr. Weissler. If you begin a probate proceeding, then your stepmother will be forced to produce your father's will (if there is one). If you are appointed as the administrator, then you will have the right to access all of your father's information.
Do not delay. Contact a knowledgeable estate planning/probate attorney right away.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
While I agree with the other responses, I am not sure that the existence or absence of a Will is going to make any difference for you. If the assets were titled in joint names with the spouse or she was named as the beneficiary, then the Will provisions are not going to matter. If you can check the public records, you can determine how the real estate was titled. That may give you some information.
Either way, you are likely going to want to speak with an attorney to see if there is anything you can do, and how best to proceed.
Best of luck!
*** 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.
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