How to get a copy of my parents’ Will?

Parents lawyer and my sister has copy’s but will not give me a copy. My sister says she has the Will of deceased parents. She refuses to give me a copy and is selling and taking everything. I contacted my parents lawyer and asked if he has a Will of my parents and requested a copy. He said he did have a copy and to call him back in 2 days he wanted to make sure he could give me a copy. He will not return my calls. My sister lives in Oklahoma; my father lived in Kansas she hasn’t put it in probate. Can I get a copy and how? What steps do I take if can’t get copy?

Asked on July 17, 2017 under Estate Planning, Kansas

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 the Will was entered into probate. If it has already been filed, then it is a matter of public record, so you can request a copy from the court. If it has not yet been entered, you can still obtain a copy since in the eyes of the law you are an "interested party". This 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 "standing". This stake is sufficient to give you the right to bring a legal action to view your parents' Will.


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