Legal Question in Wills and Trusts in Nebraska
find out if a will exists
My father passed away in March, 2002 of cancer. I want to know where to go to find out if a will was filed.
1 Answer from Attorneys
Re: find out if a will exists
IF there was a will, who ever found it or was holding it for your father has a duty to file it with the Probate Court. The appropriate probate court will be in the county where your father resided at his death. You can check with them to see if a will has been filed.
You can also call your father's attorney to see if a will was ever drafted. Generally, attorneys don't keep the original wills for their clients. We send them home with our clients and tell them to put them in a safe place and to tell several people where the will can be found in the event that something happens.
Have all of his personal records and safety deposit boxes been checked for a will? If one doesn't show up by checking the above, odds are there wasn't a will. In that case, your father's estate will pass subject to Nebraska's Intestacy laws.