If my father recently passed away, as his natural child do I have any rights to see his Will?

He was remarried about 20 years ago to my stepmother. Due to some family strife after his death, my stepmother is not speaking to his side of the family and we’ve been left in the dark about his affairs. I’ve heard there is a Will, but I don’t know the details. They were not wealthy so this is not about money; I am more interested in some family heirlooms that are currently in my stepmother’s possession in their home.How do I know that she will execute it as he wished if he thought to leave me the family heirlooms? Also, my family has a history of heart issues; do I have a right to a copy of his death certificate?

Asked on March 12, 2015 under Estate Planning, South Carolina

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 5 years ago | Contributor

If your stepmother probates his will, she is required to serve you to a copy with notice that the will was filed at probate court.  If she opens an estate then she also must notify you that she is applying to administer his estate.  Regarding the death certificate, you can order a copy of your own, it is a public record.   


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.