How can we see a copy of my father’s Will?

Before my dad passed away, he was said to have made a Will. Apparently, my brother was with him to sign it. My dad then moved to another state 3 years ago and stayed with his younger brother. He was in his care for the past 3 years and every few months he would stay with me for care. At that time he was said to have a POA, however it was never seen. My father started

to get worse last month and was hospitalized. He had to have an emergency leg amputation which resulted in his developing pneumonia. He died 1 week later. It is now 2 weeks since we buried him and my uncle has told me that he had the Will open/read but it didn’t include any of the children (myself, my sister and my younger brother). What is the next step I need to take

to see that this is being handled right? Do I need legal representation for

this matter? Was this done legally? Where should I look for a lawyer?

Asked on March 18, 2016 under Estate Planning, Florida


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

Answered 4 years ago | Contributor

First of all, you really should consult with a local probate attorney as to your situation; they will be in the best position to help you enforce your rights. That having been said, you do have the right to see your father's Will. If it has been entered into probate, then it is a matter of public record so anyone has a right to see it. If probate has not yet been opened, then as a child you are an "interested party" (i.e. someone who may be named as a beneficiary in the Will or who would have inherited as an heir if there was no Will). This means that you have a legal right to see it. That having been said, be aware that a parent can disinherit their children in Will, although there must typically be specific language to that effect.

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