What to do if a family member passed away and her felon son is trying to get her Will?

UPDATED: Sep 30, 2022

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What to do if a family member passed away and her felon son is trying to get her Will?

My sister passed away and I found a will she had before she became ill. The Will states that the assests she has will go to her surviving spouse. He also has a similar Will that states if he passes away after his wife then whatever is left will be divided 4 ways. The felon son is included in the Will but he has to wait until his stepfather dies. He has threatened me and accused me of awful things. Is he entitled to a copy of the Will when we haven’t even read it yet?

Asked on March 29, 2017 under Estate Planning, Florida


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

Answered 5 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  If you have ana ttorney helping with the probate then her son will indeed receive it in due time since he is a devisee under the law (he would inherit should there have been no Will).  What may be a sticking point is if the law in your state requires that he be specifically excluded with some wording if your Sister had any assets that would have not been considered passing to her husband automatially upon her death.  Have the attorney advise you and let he or she deal with your nephew.  Good luck.

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