Father died 3 months ago. Do I have a right to see a will?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption