If I believe that my family is lying about my dead father’s Will, how can I find a copy of it?
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If I believe that my family is lying about my dead father’s Will, how can I find a copy of it?
My father died of A.L.S. 3 years ago. When he learned he was sick he discussed the fact that he had a will, with my brother and myself. Upon his death our mother told us he didn’t. She never went to probate. My father told us he set up a trust for her and the rest was to go to the grandchildren equally. She denies that and has given most of the estate to 1 grandson. In a recent conversation the grandson mentioned “grandpa’s Will” in front of us and she quickly changed the subject. I’m not sure what to do about this.
Asked on August 3, 2012 under Estate Planning, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss and for your situation. If your Father had a Will and it was probated then it would be on file in the county probate court. It is a public record. Understand, though, that if he and your Mother held property jointly at the time of his death it passed to her automatically and would not be considered part of his probate estate, regardless of what the Will might say. This is known as "rights of survivorship" under the law. If you still believe that there is a Will for other assets then I would speak with a lawyer about your options. If Dad had a family attorney they may have a copy which would provide some sort of proof here that a Will exists and then you can bring a proceeding against the executor perhaps - probably your mother) to produce it. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss and for your situation. If your Father had a Will and it was probated then it would be on file in the county probate court. It is a public record. Understand, though, that if he and your Mother held property jointly at the time of his death it passed to her automatically and would not be considered part of his probate estate, regardless of what the Will might say. This is known as "rights of survivorship" under the law. If you still believe that there is a Will for other assets then I would speak with a lawyer about your options. If Dad had a family attorney they may have a copy which would provide some sort of proof here that a Will exists and then you can bring a proceeding against the executor perhaps - probably your mother) to produce it. Good luck.
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