Does a disinherited child have a right to see the Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a disinherited child have a right to see the Will?
My mom’s husband died last week. They had a Will stating everything went to mom (surviving spouse), then to me and my sister after my mother’s death. He disinherited his own child (a daughter) by name in the Will. Today mom got a letter in the mail from a lawyers office, stating his daughter wanted proof there was a Will. What happens now? My mom is still grieving, and this money grubber hasn’t even spoken to him in years even though she knew he was sick and dying. What should my mom do now to take care of this?
Asked on June 22, 2011 under Estate Planning, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the situation. I am sure that it is a difficult time. Your step father had a right, given under Tennessee law, to disinherit his daughter in his Will. Generally speaking, though, all those that would inherit if there were no Will (under the intestacy statutes in your state) re entitled to receive notice of the Will and the intent to offer it for probate. And with the notice generally comes a copy. This allows those who did not inherit but thought that they should have time to "contest" or object. Also, a Will becomes public record once it is filed with the Court so she would not be stopped from seeing it anyway. You Mom needs to go and see a lawyer as soon as she can about probating the Will and take the letter from the daughter's attorney with her. Good luck.
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.