My father is deceased and his girlfriend told me that I cannot see his will. Can she do this?

I live in Louisiana. My father allegedly made a will
before he died and his girlfriend told me if I want to
see the will I have to hire a lawyer. Can she do that?

Asked on June 8, 2019 under Estate Planning, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, she can in the sense that there is no way to make her show it to you other than by bringing a legal action. That is because whenever anyone does something they should not--refuses to repay you money they borrowed; refuses to honor a contract; illegally locks you out a home you were living in and refuses to let you back in; etc.--the only way to force them to do what they should is by a legal action and court order.
As a child, you have a legitimate interest in seeing the will: while your father could disinherit you if he wished (the law does not require leaving anything to children), if there is no will, or it was invalid for some reason (the product of fraud, duress/coercion, or. a lack of mental capacity), you--and not a girlfriend, since "girlfriend" is not a legally recognized relationship with inheritance rights--will inherit. Therefore, if you bring a legal action, you will most likely be allowed to see it--but you will have to bring a legal action to get a court order that it be shown to you.


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