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2007-01-20 23:19:46 · 5 answers · asked by Lindsay Jane 6 in Politics & Government Law & Ethics

We are also trying to find my late fathers will and have tried all the usual avenues ,probate etc.Someone is denying its existence.

2007-01-20 23:21:51 · update #1

It has been proven that a will was produced to a solicitor but now it is being denied by the person concerned

2007-01-21 01:44:01 · update #2

5 answers

Unless the will or a copy of the will is produced before the court and brought into evidence, by the executor; or a legatee; or a legal heir through one or both the attestors who will be examined by the court, nothing can be done towards probate. It appears that you have not even seen the will, and the person who is denying the will has it in his possession. So all you can do is speak to him, mediate and settle the matter.

2007-01-21 04:14:41 · answer #1 · answered by Kool-kat 4 · 0 0

Generally, the laws of your state will determine who inherits his property if he dies without a will. If all concerned are denying the existence of a will, then its possible he didn't have one.

Depending on the laws of your state, it may be a civil and even a criminal offense to withhold knowledge of the will from the lawful heirs, and as a child, you are a potential heir.

You didn't say what state you are in, and so its unlikely anyone here can properly advise you further. It would be unethical to give too much advise in any case. You need to consult an attorney licensed in your state (or your father's state of domicile) for advice on how to proceed. If you need a referral to an attorney, contact your local or state bar association.

2007-01-21 09:08:22 · answer #2 · answered by Phil R 5 · 0 0

USING THE WORD SOLICITOR---YOU MUST BE IN AN ENGLISH PROTECTORATE OR THE ENGLISH COUNTRY.....IN MOST PLACES THE SOLICITOR WOULD HAVE FILED AS PUBLIC RECORD WHICH IS OPEN TO YOU IN ( HERE A COUNTY COURT HOUSE )& WOULD HAVE A COPY ON HAND AS WELL...GO TO ANOTHER SOLICITOR & SUGGEST --HOW TO FIND THE RECORDED WILL..............

2007-01-25 04:05:56 · answer #3 · answered by Dave F 4 · 0 0

Did you try checking the local lawyers offices. A lawyer has a copy on file.

2007-01-21 07:34:13 · answer #4 · answered by oilfieldinsultant 3 · 0 0

Are you sure that he executed a will? Normally a will is attested to by witnesses, do you know who they were, (if the will exists)

2007-01-21 07:36:07 · answer #5 · answered by conniecat59 2 · 0 0

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