can a child take property

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can a child take property

My grilfriend of 20 yrs passedthere was
no will written to ny knowledge. A
relative is claiming that a will was
written. How can i verify this?

Asked on November 24, 2017 under Estate Planning, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no 100% way to verify this: wills do not have to be filed by a person while they are still alive, which means there is no central repository of wills--wills typically are brought to court only after the testator (person making the will) dies, when it is time to probate them. Therefore, if the person did not leave the will in an obvious place or give copies to those close to her (e.g. to a significant other; to sibling), all you can do is search her papers, ask her friends and family, and contact her lawyer and accountant (if she had such), to see if you can locate it. Sometimes wills go missing and are never found, in which case, they may as well never have been written: a will which cannot be located has no effect.


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