Full question:
My grandfather passed away 6 weeks ago and my dad is estranged from his step-mother. My dad was not able to go to the funeral which was in another State. My dad knows he was in the Will but nobody has contacted him yet. What can he do. He will not call his step-mother and does not know my grandfather's attorney's name.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Illinois
Answer:
When someone passes away, a personal representative (executor or administrator) is appointed to manage the estate. This person gathers assets, pays debts, and distributes property according to the will. If your dad is named in the will, he has a right to be informed about the estate's proceedings.
Since your dad is estranged from his step-mother and does not have the attorney's contact information, he can take the following steps:
File a demand for notice with the probate court in the state where your grandfather lived. This will ensure he receives updates about any probate proceedings related to the estate (Ky. Rev. Stat. § 395.012).
Consider hiring a probate attorney who can help him navigate the process and potentially contact the step-mother or the attorney for the estate on his behalf.
If he learns who the personal representative is, he can reach out to them for information regarding the estate.
In Kentucky, the probate process requires that the will be admitted to court before it can be enforced (Ky. Rev. Stat. § 394.130). If no one has contacted your dad yet, it may be that the probate process has not been initiated or he has not been properly notified.
Encourage your dad to take action soon, as there are time limits for filing claims against an estate (Ky. Rev. Stat. § 395.010).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.