i want to get a copy of my fathers will

i did not get a copy of my fathers will

Asked on October 5, 2018 under Estate Planning, Texas

Answers:

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

Answered 2 years ago | Contributor

I assume that you have asked the executor for a copy and have been denied. If that's the case and your father's Will has been admitted to probate then it is now a matter of public record, so you have a right to see it. If for some reason it has not yet been probated, then since you are a child, you can still get a copy of the Will since you are what the law deems to be an "interested party". This is a oerson who would have inherited if there had there been no Will (due to something known as "intestate succession"). Therefore, since whether or not a Will exists affects your rights, you have "standing" in this. This stake gives you the right to bring a legal action to view the Will. That having been said, you may not even be named in your father's Will. The fact is that a parent an disinherit a child. Also, certain assets pass outside of probate and directly to the named benenficiares such as proceeds from IRA's, some pension benefits, 401's, etc.

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

Answered 2 years ago | Contributor

I assume that you have asked the executor for a copy and have been denied. If that's the case and your father's Will has been admitted to probate then it is now a matter of public record, so you have a right to see it. If for some reason it has not yet been probated, then since you are a child, you can still get a copy of the Will since you are what the law deems to be an "interested party". This is a oerson who would have inherited if there had there been no Will (due to something known as "intestate succession"). Therefore, since whether or not a Will exists affects your rights, you have "standing" in this. This stake gives you the right to bring a legal action to view the Will. That having been said, you may not even be named in your father's Will. The fact is that a parent an disinherit a child. Also, certain assets pass outside of probate and directly to the named benenficiares such as proceeds from IRA's, some pension benefits, 401's, etc. 


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