What to do if my father passed away and my sister says that he had a Will but will not let me see it because I was not listed as a beneficiary?

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What to do if my father passed away and my sister says that he had a Will but will not let me see it because I was not listed as a beneficiary?

I would like to know how long she has to probate the Will and what if she doesn’t do it?

Asked on October 3, 2012 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to file a subpoena to see the will or if you know the attorney who made the will, speak to the attorney. You may need to obtain an attorney to help subpoena a copy of the will. If your sister is lying, you may need to petition the probate court but if probate has already been opened, you can just go to the courthouse and purchase a copy of the will (copy costs). Review it. If in any portion, it either looks like a gift will fail or you are named as a beneficiary, inform her and the attorney and make your claim.


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