How can I get to see a copy of my father’s Will?

UPDATED: Jul 20, 2015

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How can I get to see a copy of my father’s Will?

He raised me and told me that my children and I were in the Will; he also told us the specific belongings that he wanted us to have. However, his girlfriend and biological adult child ill not let me see the Will. I want to know how am I to find out if they went against what he wanted.

Asked on July 20, 2015 under Estate Planning, Alabama


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If it has not yet been probated you have the right to see a copy of ihis Will since you are what is referred to as an "heir at law". This means that since you would inherit if there was no Will, you are entitled to obtain a copy, even if you have not been named as a benefciary. Since his girlfriend and other child will not let you see it, you can petiton the probate court in the county in which his estate will be probated.

You should also consider consulting directly with a local probate attorney as to your rights.

Note: If the Will has already been entered in to probate, then you can obtain a copy from the court; in fact any one can at that point since it would then be a matter of public record.

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 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.

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