Regarding your mother’s will: check with the local Probate & Family court to see if a will has been presented for probate. If you know or can find out the name of the lawyer who prepared the will, you can try to contact him/her. The Executor of the will is obligated to contact each party named in the will and inform them of the probate proceedings. Bear in mind,though, that even if your mother does have a will, there is no law requiring her to leave you a part of her estate.
But you still have a few options: If there is a will and you are not named, you can still sue the estate for recovery of the personal injury damages award you never received. If there is no will, you can seek your portion of the intestate division of the estate.
You must speak with a lawyer to explore your rights and obligations.
- Answers provided herein are for informational purposes only and are not intended as legal advice. Additionally, answers to any questions posted do not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please contact my office for a consultation.