How do I find out what’s on my father’s will.

My dad passed away pass Jan
10,2017. I recently got release
from prison and sents if been out
my mother is not telling me
anything abt my father’s death.

Asked on July 8, 2017 under Estate Planning, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In this case, you can check to see if your father's Will was entered into probate. If it was already filed then it is a matter fo public record, so you (or anyone else for that matter) has a right to see it. If it has not yet been entered, you can still obtain a copy. This is because in the eyes of the law you are what is called an "interested party". That is someone who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Therefore, since whether or not there is a Will affects your rights, you have a stake or "standing" in this. This stake is sufficient to give you the right to bring a legal action to view your father's Will. If in fact, it is determined that your father did not have a Will, then he died "intestate" which means that as his heir you are entitled to a portion of his estate.


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