Legal Question in Wills and Trusts in Arkansas
My Grandfather's Will
There's a long story that goes along with this question but I'm going to skip that part. My Grandfather passed in 2000. I found out about three years ago that there was a possibilty that he had set up a trust for myself or my mother. The problem is that my mother and myself are estranged from my Grandmother (his wife) and they (Grandfather and Grandmother) made a joint Will before he passed. I contacted the County Clerk's office in the county that he passed in (this was in Arkansas) and I was informed that they had no copy of his portion of the Will because my Grandmother is still alive. My question is #1. Is there any way I can obtain a copy of his Will? And secondly is there a way I can obtain a copy of his Will without my Grandmother's knowledge? I really need some help so it would be greatly appriecated.
1 Answer from Attorneys
Re: My Grandfather's Will
If your grandfather's estate was probated, the will would be with the probate. This could be obtained by contacting the clerk in the courthouse of the county where it was probated. That is likely the county he last lived in, or where he owned property.
You have 5 years from a person's passing to probate their estate with a will. After 5 years, you would generally not be able to use the will anyway. So, you can contact the clerk to see if an estate was set up in your grandfather's name. If not, you can try to locate your grandfather's attorney, or whoever drew up his will, for a copy.
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