How can I get a copy of my father’s Will?

My father died in another state where he lived. My brother has the Will but won’t give me a copy; he is not going to give me anything my father left. Is it possible to get a copy of his Will so I can see if I was left anything? My brother said it was a simple Will and my father didn’t specify if anyone was to be left anything specific of his personal belongings.

Asked on March 2, 2012 under Estate Planning, Massachusetts


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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it is.  Even if you did not inherit under the WIll - and I have to say that your brothe's explanation is highly suspect - you should get a copy as one of his children.  If your brother intends on probating the Will you should get a copy and if he does not send one then you can review the Will once it is filed in court.  It is a public record.  But I would not wait that long.  I would hire an attorney to send a letter requesting a copy.  If your brother then admits there is no Will - which I think is the case or it leaves everything to both of you - then the intestacy statutes apply and then you get your half.  Good luck.

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