Am I legally entitled to get a copy of my father's un-probated will?
Asked 18 minutes ago - Atlanta, GA
My father died about 10 years ago. As his daughter, I never received a copy of his will. The attorney has in their possession my dad's un- probated will (will not probated) and refuses to mail me a copy. I discovered copies of my dad's will at my mothers house. She refused to allow me to have a copy. My brother asked me why I need a copy. Can my deceased fathers will legally be withheld from me? What are my options to resolve this issue? Thank you
Get an estates attorney involved to see where you stand in all this. However, if all his assets were held jointly with his wife, then there was no need to probate the will and you would be entitled to nothing thereunder. Also, if you push your mother then you may put her in a position where she may not provide for you under her will. So get with counsel to discuss this matter before doing anything.
Hope this helps.
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Estate Planning Attorney
Yes-You are entitled to a copy of the will.
The person holding the original will must file it
with the court upon death of writer of will.
It then becomes a public record and you can obtain
If a probate proceeding is necessary-all beneficiares would receive a copy of the will and a accounting of assets.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
My guess is that based on all you have said in your three summaries, that no probate was ever filed. If it had been, the Will would be on file. That being the case, it is almost certain that all of the assets were jointly held by your parents, and that everything now belongs to your mother. If things were otherwise, your mother would not be legally able to access any probate assets.
Keep in mind, even in the unlikely event that your father's Will said "I leave everything to my daughter and NOTHING to my wife," that EVERYTHING would go to your mother, if the assets were joint or if she was named as beneficiary. So it is VERY likely that your mother now owns the assets, regardless of what the Will says. MOST estate plans between married couples provide that everything passes to the spouse, and then upon the death of the spouse, to the kids.
You have already waited 10 years without doing anything about this. Given these realities, you can persevere and antagonize your mother to the point where she writes you out of HER Will. Or you can accept that it is highly unlikely that you were left anything and let this go for now.
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