What to do if my father refuses to let me view my late mother’s Will?

My mother passed away 4 months ago. My father refuses to let me view the Will and is now listing a jointly owned property for sale. Do I have a right to see my mothers Will?

Asked on September 4, 2012 under Estate Planning, Georgia

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

In Florida, you have a right to see the will if you are named as a beneficiary.  Do you know the name of the lawyer who wrote the will?  If so, you could call him or her and ask if you have a right to see the will.

As to the property, your father probably owns that property now that your mother has passed away, especially if your parents were married when they bought it.  In most states, including Florida, married couples own property as "tenants by the entireties."  This means that if one spouse dies, the other owns the property automatically. 

I am sorry that your father is not more cooperative. 


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.