How do I find out what’s in my mother’s Will if the power of attorney hasn’t filed anything with probate and it’s been 2 months since she passed?

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How do I find out what’s in my mother’s Will if the power of attorney hasn’t filed anything with probate and it’s been 2 months since she passed?

I don’t even know if I’m in her Will or not and I don’t know her lawyer’s name. The probate court can’t help since the POA hasn’t filed anything. What do I do?

Asked on August 12, 2012 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss and for the situation.  First understand that a POA dies when the person for whom it is untended dies.  Now, if the POA - for lack of a better term for her - has not filed the WIll (is she also the named executor?) then you can compel her to do so.  You should speak with an attorney as soon as you can.  If she does not file then start a proceeding to probate the estate through the intestacy statute.  Good luck.


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