What to do if my stepfather has the only copy of my late mother’s Will but has refused to allow my sisters or I to see it?

I have tried to find it in the County records, where my Mother had her Will written by an attorney. I contacted her attorney and he said he does not keep copies of Wills after 7 years and therefore my stepfather has the only copy. How do my sisters and I get a copy of our the Will? Our stepfather has refused to let us see it nor will he discuss it with us. Our mother had told us girls we are in her Will. So what can we do to get it and go from there? I was not able to find where he even recorded it.

Asked on September 12, 2013 under Estate Planning, Tennessee


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

It is very unusual for a will be recorded, unless someone has started a probate case, and it sounds like your stepfather does not want the will to be recorded. One thing you could do is start a probate case, telling the court what you know about the will and that your stepfather has it. The court should order him to produce the will. To help you with this process, you should talk to a local probate attorney. 

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