Who has access to a Will after someone passes away?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who has access to a Will after someone passes away?

My grandfather recently passed away and I called the lawyer that wrote the Will asking to see a copy. He told me he couldn’t talk to me or give me a copy. The last time I saw the Will I was a beneficiary, and if I still am, why would he refuse to talk to me? My family (myself, my wife, and 3 young children) currently live on a mobile home on my grandfather’s property. I’m concerned that if we’re not inheriting the property, we’ll be forced to move while we contest the Will-grandfather had Alzheimer’s and couldn’t have changed it). What are or options just to see the Will so we know?

Asked on May 5, 2011 under Estate Planning, Texas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for your current situation.  I can tell that the way you have written the question you are aware that you can challenge the Will if it was changed while there was a diagnosis of Alzheimer's as your Grandfather would not have had "testamentary capacity" to change the Will.  Now, if you are a beneficiary or an "heir at law" then you should be getting notice of the intention to offer the Will for probate and a copy of the Will generally comes with the notification (in some states called a Citation).  If you do not then know that when a Will is filed it is a public record and you can see it.  It is filed in the county in which your grandfather died at the time of his death.  Notice and filing are important because they trigger the time that you have to object to the Will.  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