How do I get a copie of my deceased father’s Will?
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How do I get a copie of my deceased father’s Will?
My dad passed away a few years ago. I never thought to ask if anything was left to me. I have no idea how to find out this info and his wife and sister give me the runaround when I ask about it.
Asked on July 31, 2017 under Estate Planning, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can check to see if a Will was entered into probate. If it has been, then it is a matter of public record which means that you, or anyone else for that matter, has a right to see it. If it has not yet been entered, you can still obtain a copy. This is because legally you are an "interested party". In other words, someone who would inherit if there was no Will (due to something known as "intestate succession"). Accordingly, since whether or not a Will exists affects your rights, you have a stake or "standing" in this, which is sufficient to give you the right to bring a legal action to get a copy. If in fact, it is determined that your father did not have a Will, then he died "intestate" which means that as his heir you are entitled to a portion of his estate.
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