Legal Question in Wills and Trusts in Alaska
Need to find out if a will exists/where to look
After my father died my mother has excluded us from the family. We need to know how to find out if he had a will, if we can see a copy, & if we are being excluded from it due to her nature. We would like to know what my fathers true wishes were.
Thank you for your time.
M
1 Answer from Attorneys
Re: Need to find out if a will exists/where to look
Under Alaska law, a probate case may be opened by any interested party, including an heir or a creditor. If there was $15,000 or more in your father's estate at the time he died, it needs to be probated.
As an heir at law, you could open a probate case and demand that anyone holding a will or other property of the estate turn it over to the Personal Representative appointed by the Court.
Under ordinary circumstances, the last dated will would control distribution of the estate, but if there is no will, then the surviving spouse would inherit half plus certain allowances, and the children would share the rest.
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