The best way to discern if a person has a will is to contact that person and ask, as noted by LegalZoom. This person may or may not grant permission to see the legally private document. If the person is deceased, Nolo advises contacting the executor in charge of handling the deceased person's estate.Know More
A person who drafts a legal will is called a "testator," according to LegalZoom. Contacting the executor is a more direct route to information about the existence of a will. The executor can find out if specific people are named in a will that is under probate.
If the person dies without naming an executor, a court usually appoints one, according to LegalZoom. Whether an executor is chosen by a testator or appointed by the court, he is legally required to contact everyone named in the will before distributing assets. Placing a quick phone call to the executor can provide valuable information about any inheritance.
Nolo points out that contacting the county court clerk to check for a will on file is also an option. There may be instances in which heirs suspect that there is a will, but the deceased has hidden it. Nolo states that in this instance, receiving permission to search through paperwork is an acceptable option.Learn more about Law
One spouse has various legal rights if the other leaves, including a case for divorce, financial support and the right to sue, according to Divorce Source and Cindy Chung for LegalZoom. These rights rest on "abandonment" as legal grounds against the spouse who left.Full Answer >
Under U.S. law, wills become a matter of public record and are generally available to the public after the testator has died, according to Lee Carroll for LegalZoom. Before the testator dies, wills are considered private property and not legal documents.Full Answer >
A divorce without spousal consent can be obtained in every state in the United States, but it takes more time, according to LegalZoom. Contact an attorney first to draw up terms for negotiating division of property and custody of children.Full Answer >
The rights of a trust beneficiary include obtaining copies of accounting paperwork; receiving payments outlined in the trust; bringing action on behalf of the trust; and closing out the trust, according to Anna Assad for LegalZoom. States have different rules depending on the type of trust.Full Answer >