Do I have the right to see my father’s will

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Do I have the right to see my father’s will

My father dies 2 months ago. Now, my stepmother and her children are claiming that they don’t can’t find his Will, although they admit he had one. Do I have the legal right to see it?

Asked on September 30, 2016 under Estate Planning, South Dakota

Answers:

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

Answered 4 years ago | Contributor

A child has the right to see their late parent's Will. This is true either because they are named as a beneficiary (assuming they were not disinherited) or because they are an "interested paty" (i.e. someone who would inherit if there was no Will). That having been said, if his Will cannot be found, then typiclly, you should be entitled to a share of your father's Will since he'll be deemed to have died "intestate" (i.e. without a Will). At this point, you can check to see if your father filed a copy of his Will with the local probate court. It would also be advisable to consult directly with a local attorney as to your rights.


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