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How to find out if a parent has included you in a will


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Posted

So my mother in law passed away about a month ago now. Ever since, we've been wondering if my husband was included in her will considering his stepfather is a d-bag and probably controlling everything. We've heard absolutely nothing...he hasn't even been given anything of sentimental value. Nothing. There's no talking with his stepfather as this man is by no means a civil person. He has tried speaking with one of his uncles who said he would get back to him, but hasn't heard anything.

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Posted

Are you and the "estate" in the USA?

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Posted

My husband is and yes. Although I would expect the estate to go to the husband. But my husband overheard his stepfather mention his mother having a 401k and life insurance policy.

Posted

In most states the will is filed with the court. It's a public record. A call to the clerk of the court can usually get you an emailed copy of the document. You can order a fax copy or hard copy but they will charge a fee.

 

Insurance policies can be paid to an established trust or specific beneficiaries.

 

The executor/trustee will file a tax return and list the assets.

Depending on the size/assets of the estate it can take 18 months to close.

 

You can hire an attorney to challenge items and often specific accountings.

I too would expect the estate to take full advantage of the marital exclusion and avoid state estate taxes. Fed tax now kicks in after 5.1 million.

 

How long ago has the death occurred?

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Posted

Thanks for this info! Would it be the county court that would be contacted?

 

The death occurred a month ago.

Posted

Yes, your county court. Any citizen can phone the clerk of the probate or records division. Good luck.

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