How do I obtain a copy of my father’s Will?

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How do I obtain a copy of my father’s Will?

My father died on July 11, 2017.I am the eldest son. My younger brother states that he left him everything in the Will. All together there are 4 of us. The house is paid in full, just taxes are yearly owed. I have reason to believe that he was not able to make that decision as he was deteriorating with cancer. My brother’s wife is handling all arrangements. I believe my brother is the executor. My father had gold coins 2 vehicles and other valuables that I have no clue as to where or what is going on with them. Recently, I received a call from my sister-in-law about a release or affidavit that needs to be signed in the presence of a notary. My mother preceded his death about 10 years ago. My sister-in-law states that the paperwork is to acknowledge that she is deceased. I am not signing anything and I need to find out what to do and how to get a copy of the Will.

Asked on July 26, 2017 under Estate Planning, Maine

Answers:

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

Answered 3 years ago | Contributor

First of all, you can check to see if your father's Will was entered into probate. If it was then it is a matter fo public record, so you (or anyone else) has a right to see it. If it has not yet been entered, you can still obtain a copy; in the eyes of the law you are what is called an "interested party". This is someone who would inherit if there was 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 matter. This stake sufficient emough interest to give you the right to bring a legal action to view your father's Will.


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