Father died 3 months ago. Do I have a right to see a will?
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Father died 3 months ago. Do I have a right to see a will?
Father died 3 months ago. He had remarried 9 months before his death. Since his death I have heard nothing about the disposition of his assets. Father and new wife had cut off all contact with his children 4 months before his death. Do I have the right to know what happened to my father’s assests?
Asked on February 16, 2017 under Estate Planning, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
At this point, if your father had a Will, it may have been entered into probate. If so, you can check with the probate court in the county in which he was domiciled as of the date of his death. If it has been filed, it will now be a matter of public record which means that you (or anyone else for that matter) can see it. Additionally, if there is a Will and you were named in it, then the executor should notify you of this. Finally, as one of your father's children, or heir, you are an "interested party" (i.e. someone would inherit if there was no Will). In that case, you have a right to see your late father's Will. That having been said, you may have been disinherited. Also, some assets pass directly to listed beneirfciaies such as IRA's, 401k's, TOD accounts and the like, so are not part of the estate. Again, if your father died "intestate" (i.e. without a Will), then as stated above, as an heir you would be entitled to a share in his estate. Exactly what that share would be depends on specific state law.
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