How Can Grandson Determine If Deceased Grandmother Included Him In Her Will? Richard A. Whitney

Well, my grandmother passed away and the only call I got was from my dad 2 days later after her passing. He didn't have a funeral for her and the boyfriend of 30 years said he took my dad to the safety deposit box and gave him all the papers in the box. My dad is claiming there was only a will from 1984 in the box but I know she had her will updated because she told me so and I didn't know her in 1984 so I know there was another copy. The will from 1984 left everything to my dad. Is there anything I can do about this? Maybe the log in sheet to the safety deposit box or the video camera showing my dad walking out of the bank with all the legal papers in the box can help my case if I have one. Is there anything I can do?

-- Anonymous

A. 

There are a number of steps you can take. The first is to check in the Surrogate's Court in the county where your grandmother lived at the time of her death to find out whether her will was filed there or whether probate proceedings were begun. If there were probate proceedings the will would have to be filed in the Surrogate's Court. If there is no will on file in the Surrogate's Court, you can ask the Surrogate's Court to order whoever has the will to file it in court. This would require a deposition of your father, assuming he is the person in possession of the will or knows who was possession of the will. Because you believe you are mentioned in the will, you have the right to bring that court proceeding. You could also check with the lawyer who prepared the will. If you don't know who that person was, you could ask your father that question during the deposition mentioned above.

-- Richard A. Whitney