Is a Will filed in the county where someone lived so that you can read it?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a Will filed in the county where someone lived so that you can read it?

A Will was apparently changed in the last few months before death. The person was having mental issues the last couple of months and changed the Will leaving 100% of the estate to the caregiver according to what I’ve been told. I want to look at the Will and see the date of the change. Is it a matter of public record?

Asked on July 15, 2011 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for the death of your loved one and for the situation that has occurred. Listen, this particular tyoe of fact pattern  - the changing of a Will prior to death of the elderly or frail to benefit the caregiver - sends up a BIG red flag to the Court and everyone else that there has been "undue influence" on the testator.  If it can be proven then the Will is set aside and if there is a prior Will it would be "reinstated" so to speak.  Now, time is an issue here so the Will is indeed filed in the county in which the testator (the decedent) resided at the time of his or her death.  Once filed it is a public record so you can go down to the court and look at it.  The time to file objections comes quickly so I would seek legal help to file a Will contest asap.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption