If my father has just passed and I’m his only child and my grandmother refuses to show me the Will, whatdo I do?

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If my father has just passed and I’m his only child and my grandmother refuses to show me the Will, whatdo I do?

I need to know what to do to find out what I’m entitled to.

Asked on September 17, 2011 under Estate Planning, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your father passed with a will, it will need to be probated. Since a will needs to be probated it is a public document that you can review at the court house. If you are a beneficiary under the will you are entitled as a matter of right to see the will.

If your father had a trust instead of a will, a trust is not a public document and you would not be entitled to view it unless you are a named benficiary under it.

If your father passed without a will or a trust, his estate would have to be adminstered through a proceeding through the court under your state's intestacy laws. In such a situation the state where your father's last permanent reidence sets how the assets of your father would be distributed. In most cases you would be entitled to its entirety if your father had no wife or other children when he passed.

 


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