My Dad's wife is trying to find her Fathers Will, the thing is Her father passed away but her sister hid the Will from the family. This took place in Delaware aprrox 5 to 6 years back. Is there a site that you can goto to find the Will? Or a "Person" That could help her on the phone?
2007-12-10 04:08:48 · 10 answers · asked by embracedb4 3 in Family & Relationships ➔ Family
WE HAVE NO IDEA WHO THE LAWYER WAS, THIS WAS ALL DONE BEHIND BACKS , AND THE REASON WE ARE TRYING TO FIND THIS INFO IS SO THE FAMILY KNOWS THE TRUTH BEHIND EVERYTHING THAT HAS BEEN HIDDEN FOR SO MANY YEARS, IT IS CALLED CLOSURE.
2007-12-10 04:28:06 · update #1
The name of the lawyer who handled the filing should be part of the filing information. The Freedom of Information act can help. I'd talk to the county clerk about it.
But this will be long and protracted and expensive.
So unless a GREAT deal of money is at stake - I'd urge your MIL to try to find closure another way.
I normally don't speak about faith and such on this forum, but she can come to closure simply by deciding to forgive her sister for her wrongdoings - and then walking away from it all and starting anew - looking at her husband a new - her immediate family anew - and not worrying with the past. The past is dead. Let it stay dead.
That's easier said than done, of course - but truthfully - she might get a better sense of peace than from pursuing this to bankruptcy.
2007-12-10 04:49:10 · answer #1 · answered by Barbara B 7 · 1⤊ 0⤋
all will's must be filed with the court also along with a lawyer usually who drew the document up. if u don't know the lawyer i would go to the local court house and search.
2007-12-10 12:13:14 · answer #2 · answered by jade4e83 4 · 4⤊ 0⤋
you must sue her so that she has to disclose the (1) name of the lawyer (2) will location (3) everything she has gained.
If you are not prepared to sue her you will lose everything!
2007-12-11 16:53:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
check the local court in the state the will was done. all documents such as wills must be filed with the court
2007-12-10 12:31:06 · answer #4 · answered by Beauty1529 1 · 2⤊ 0⤋
the only thing that i can think of is the lawyer who drew up the will has to have a copy. i would start by requesting it from him. and to the person who wrote such nastiness shame on you maybe you should keep such comments to yourself!!!
2007-12-10 12:15:37 · answer #5 · answered by april p 2 · 2⤊ 0⤋
Check with county court house there they have to have a record or know some one who does.....
2007-12-10 12:17:27 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Legal wills have to be filed with the state. That's where I would start.
2007-12-10 12:13:19 · answer #7 · answered by tjnstlouismo 7 · 4⤊ 0⤋
Don't you have any friends? Why would you share this with a bunch of total strangers?
2007-12-10 12:41:36 · answer #8 · answered by madsmaha1 7 · 0⤊ 2⤋
Why are you asking us this?
2007-12-10 12:14:05 · answer #9 · answered by Anonymous · 0⤊ 4⤋
You need to contact your Local Probate Court.....
I got this from Google
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Probate Law
If you are currently in a situation where you’ll be dealing with the Delaware state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of Delaware probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “ heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Probate Law in Delaware
As it stands, Delaware probate law requires a certain amount of knowledge. For beginners, you should understand how the procedure works. People who try to make their way through the Delaware probate process without the aid of an attorney acting as a personal representative, often find their cases are delayed as a result of their lack of knowledge of the procedures. One factor about probate law, which can be difficult to fully understand, is the specific terminology that is used in the Statutes. If you’re probating in Delaware, you’ll need to be quite familiar with the terms that are employed in those documents, in order to be sure that your case is handled in a legal and fair way. Another important aspect of probate in Delaware is the right of election of the surviving spouse. This is an extremely important aspect, given that it will determine the amount of estates and assets the spouse of the deceased will receive. Finally, in the Delaware probate process, the personal representative takes on the responsibility of managing d ebts owed to the decedent, which could become burdensome without the assistance of an attorney.
Let’s begin with the importance of understanding how the procedure works. This is essential since it ultimately affects the outcome and potential success of your probate matter. If the probate process does not go smoothly, there is a greater chance that the outcome may not be what you had desired. That being said, it’s no wonder why so many people find it more comfortable and less stressful to simply hire an attorney to manage these important legal matters. There are key deadlines that the state of Delaware requires of all who wish to partake in probate processes. If these time limits are not met, the case is held up and therefore takes longer than it should; and in some cases, it eliminates the possibility of future actions (in cases such as claims to and against the decedent’s estate).
Added to this, all documentation that pertains to the Delaware probate process must comply with the standards set by the state. These formalities can be very difficult to follow for someone who spends little time with formal legal material, either reading it or writing it. The fact is that attorneys are more likely to be able to carry out most procedures faster than you might be able to, given that they have much more experience.
Anyone dealing with the Delaware probate code is going to need to know all about the specific terms that are defined in the Statutes. Without knowing the way that the state is using certain terms, you may have a difficult time trying to figure out what is required of you. One of the advantages of hiring an attorney is that he or she will be able to provide you with explanations in language that is easy to understand, therefore making you fully aware of how your case is being handled.
Understanding the terms of the Delaware probate code is particularly important since these terms are used throughout the document, making complex language more or less unavoidable. People who hire attorneys find that they generally have less stress, with respect to their formal probate matters. Having an attorney on your side gives you the security of knowing that your probate case is going to be handled as you would like it to be, without having to try to decipher the terms of the State.
In the Delaware state probate process there is a right of election of the surviving spouse, which allows the decedent’s surviving spouse a portion of the estate and the assets. This right can only be carried out during the spouse’s lifetime. In this case, it is clear that time limitations are an important aspect in Delaware probate matters. Attorneys can help you stay on track, so that all time limits and deadlines are met in good measure, without having to deal with the penalties and set backs of late documents.
It’s also important to know that a “protected person” (that is, a minor or other person who has a guardian) is to receive a certain portion of the estate. This amount is determined in the process; but it is based on life expectancy estimations. So you see that this factor is of great importance, particularly in that it determines the amount that a protected person may receive.
Another important factor that you should consider when dealing with Delaware probate matters, is the way that debts owed to the decedent are handled. If a decedent is owed, the intestate share of the debtor is charged. This means that if you’re a personal representative, you’ll need to be managing these interactions, in order to make sure that all of these matters are resolved, as they deserve to be.
However, it’s also important to remember that if the debtor passes away before the decedent, the debt isn’t taken into account. What this boils down to is the fact that these kinds of matters are complex and require extensive legal training in order for their success to be brought about. People hire attorneys to handle these matters so that they are done right the first time, without having to deal with annoying hold-ups and setbacks.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of Delaware probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion.
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2007-12-10 12:17:47 · answer #10 · answered by Been There Done That 6 · 0⤊ 2⤋