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

Answers:

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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