My Grandfather just passed and I was notified through my sister that I’m in his will. How can I locate my Grandfather will

My father was the only child and so was my grandfather. Well he passed in California in February and my sister is not responding.

Asked on March 6, 2018 under Estate Planning, Texas

Answers:

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

Answered 2 years ago | Contributor

You don't state how your sister knows that you are in your grandfather's Will. If she is the executor and she has a copy, then it is her fiduciary responsibity to let you see a copy of it. In fact, even if you were not listed as a beneficiary, as a potential heir you might be entitled to a copy if your parent (your grandfather's child) predeceased him. This is because you are what the law terms an "interested party". This is someone who would have inherited if there had there been no Will (pursuant to "intestate succession"). Accordingly, since whether or not there is a Will affects your rights, you have "standing" (i.e. a stake) which gives you the right to bring a legal action to view the Will. At this point, you should consult directly with a local attorney who can best advise you further.


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