Grandmother Passed With No Will or Trust, Now What?

by kayla
(santa clarita, ca)

My grandmother passed away about a year ago, my aunt was living with her mother when she passed and claims there is no will or trust and that what money and possessions there were, were left to her.

My Father is so upset, his brother(my uncle)claims to have seen a will years earlier. Is there any way to find out if any such documents exist, without causing a big mess. thanks

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Feb 17, 2012
How find will?
by: Mo Johnson

OK, well, it might be impossible to ever find that will if there ever was one. It appears there was no probate, so I can't even think of any place the will might have been filed, though I suppose you could check with the local probate court office to see if anything was ever filed.

More likely though your grandmother has died "intestate" (without a will). All states have their own laws for how property is distributed in such cases. Normally, it will go to the nearest living relative by blood -- so, usually a spouse first, then children, then either grandchildren or maybe brothers or sisters (your aunts and uncles). I can't say without knowing which state this happened in.

You should talk to a local estate planning attorney. I'm not sure how your aunt would think she has the right to the stuff if there was no will. But, all that can be discussed with your attorney.

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