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July 31, 2010, 12:40:39 AM

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Site Author : Topic: Proving the Existence of a Will  (Read 509 times)
January 28, 2010, 02:50:39 PM
User No : 3521
Posts: 1
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I have a friend whose Father has recently passed away.  She, and her Mother (ex-wife of the deceased), are both fairly confident that he had a Last Will and Testament made out some years back, which may have switched hands along the way, in terms of attorneys.  He financed a house about four years ago, in which one of his daughters and her family had live in with him.  She is now claiming that he did not have a will.  Unfortunately, I do not have much information on the matter, but what I do know is that he gave the daughter living with him power of attorney (which I do not know what that entails). 

My questions would be:
1) Is there a way to find out if a deceased parent has a will?
2) If a will does not exist, how would someone go about finding out if they are entitled to any of his estate?

Thank you in advance
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January 29, 2010, 09:05:30 AM
Not too shy to talk
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User No : 3444
Posts: 66
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A succession must be opened - an attorney retained.  The attorney will handle the search for the will - there's a process.  If no will can be found, then the estate will pass "intestate" - no will.  The power of attorney died when the gentleman died - it has no power anymore.  However, it will be interesting to see how she utilized the POA while he was alive.  I suggest the daughter get a succession's atty asap, get it opened, try to find the will and if no will - get herself appointed administrator.
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