How can I find a Will?

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How can I find a Will?

My mother passed away. Her sister was her legal guardian she says she has a Will but I haven’t seen it. How do I find it? If the Will exists it was made after my father passed and my mother was deemed incompetent. Is it valid?

Asked on March 13, 2017 under Estate Planning, Michigan

Answers:

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

Answered 4 years ago | Contributor

If your mother had a Will, it may have already been filed with the probate court in the county in which she was domiciled at the time of her death. Once filed, it becomes a matter of public record any you or anyone can obtain oa copy. If it has not yet been filed then you can still get a copy since, as your mother's child, you are an "interested party" in your her estate and stand to inherit if she died "intestate" (i.e. without a Will). Therefore, you have a right to aks to see the Will in order to make sure that it in fact exists. That having been said, you could have been disinherited but at least you will know for sure. Finally, if you believe that your mother was incompetent at the time that this alleged Will was executed, then you could "contest" it but such legal battles are time consuming and costly. At this point, you should consult diretly with a probate attorney; they can best advise you further.

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

Answered 4 years ago | Contributor

If your mother had a Will, it may have already been filed with the probate court in the county in which she was domiciled at the time of her death. Once filed, it becomes a matter of public record any you or anyone can obtain oa copy. If it has not yet been filed then you can still get a copy since, as your mother's child, you are an "interested party" in your her estate and stand to inherit if she died "intestate" (i.e. without a Will). Therefore, you have a right to aks to see the Will in order to make sure that it in fact exists. That having been said, you could have been disinherited but at least you will know for sure. Finally, if you believe that your mother was incompetent at the time that this alleged Will was executed, then you could "contest" it but such legal battles are time consuming and costly. At this point, you should consult diretly with a probate attorney; they can best advise you further.


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