Legal Question in Wills and Trusts in Indiana
Can I find out
My father died in November 1999 and it is believed he had a last will and testament made out. How can I find out if it exists and the contents. He has been remarried for forty years and I believe that she has kept it a secret from me and my siblings. Is there anyway we can find out not knowing who his lawyer is or where he made out such a will?
2 Answers from Attorneys
Re: Can I find out
The first thing I would do is to inquire if the will was filed in the Surrogate's court in the county where your father lived. A will may be filed under a SKW (Safe Keeping Will) number.
The second thing I would do is to speak to any previous attorney your father used.
Finally, if there is no will, your father died intestate (no will). The estate (assets not in trust or in joint name with your step-mother) will be transfered pursuant to statute. As a son you will receive a percentage.
Re: Can I find out
Tough problem. It is not unknown for a person who stands to benefit thereby to destroy a Will in his or her possession.
Sometimes, but not often, a Will is filed with the Surrogate for safekeeping. It always pays to ask.
Check with every lawyer whom your father dealt with. Lawyers charge fees, so his check book should provide some leads.
Ask friends and clergy if he ever mentioned a Will.
With court authority you can force his widow (who I assume is not friendly) to produce documentary information and testify under oath.
There is no easy way through this problem