How can I get to see a copy of my father’s Will?

He raised me and told me that my children and I were in the Will; he also told us the specific belongings that he wanted us to have. However, his girlfriend and biological adult child ill not let me see the Will. I want to know how am I to find out if they went against what he wanted.

Asked on July 20, 2015 under Estate Planning, Alabama

Answers:

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

Answered 5 years ago | Contributor

If it has not yet been probated you have the right to see a copy of ihis Will since you are what is referred to as an "heir at law". This means that since you would inherit if there was no Will, you are entitled to obtain a copy, even if you have not been named as a benefciary. Since his girlfriend and other child will not let you see it, you can petiton the probate court in the county in which his estate will be probated.

You should also consider consulting directly with a local probate attorney as to your rights.

Note: If the Will has already been entered in to probate, then you can obtain a copy from the court; in fact any one can at that point since it would then be a matter of public record.


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