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2006-06-26 20:23:56 · 3 answers · asked by jjf 1 in Family & Relationships Other - Family & Relationships

I already have copy of will ,but it is vague
and only names benficiaries and executor, no details.

2006-06-26 20:30:28 · update #1

3 answers

If the will had an executor, it may be on file with the probate court. Check with the county/borough court house.

2006-06-26 20:28:02 · answer #1 · answered by Seikilos 6 · 0 0

The starting point is to get a copy of the probate court file. The court should be the one that is in the county that the decedent was living in when he/she died.

Many courts are on-line and can be searched by name. Some are not. If the court is nearby, go there ask how to find a probate case if you know the name and about when the decedent died. if you can't get to the courthouse, you may need to hire an attorney or an attorney service to get a copy of the file for you.

Once you have a copy of the file, it should indicate how much money was in the estate, which accounts and assets were in the estate when the deceased died. It should be clear whether the will you have was admitted to probate, or another will, or no will at all. If it was a will executed after yours, that later will would be controlling.

The file should indicate what efforts, if any were made to notify you.

Once you have reviewed the file and made additional copies of it, contact attorneys in that state that do probate work and set up consultations with several.

2006-06-27 03:42:03 · answer #2 · answered by shoshidad 5 · 1 0

I agree completely with the attorney's advice above. It's crucial to find the appropriate documentation that lists exactly what is owed to you.

The next logical step your attorney should take is to conduct a pre-discovery investigation on what assets your executor now has in his possession that would be seizable post-judgment. Armed with this information, you will hopefully have a solid case to sue your executor and obtain a judgment for what is owed to you.

It is important to ask your attorney about his track record in successfully enforcing the judgment. Obtaining a court judgment, and enforcing it, are two entirely different processes. Try to educate yourself on your rights post-judgment, and make sure you or your attorney have a plan in place to recover on the judgment.

Best wishes, and I hope you get back what was stolen from you.

2006-06-29 09:01:56 · answer #3 · answered by DMEdwards 2 · 1 0

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