How can I find out if my father left a Will?

UPDATED: Sep 30, 2022

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How can I find out if my father left a Will?

My father died 4 months ago and I was his only child. His wife, not my mother, said I was not left anything in his Will. How can I find out if this was true? If I was not named in the Will do I have any legal standing to receive anything from his estate?

Asked on February 27, 2017 under Estate Planning, Texas


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

Answered 5 years ago | Contributor

The fact is that parents can disinherit their chilren. However, in many states, the Will must have specifc language of disinhetiance. Accordingly, you need to see your father's Will. If it has been filed for probate it is now a matter of public record so you (or anyone) can pay a small veiw and get a copy. If it has not yet been so filed, you still have a right to see it as an heir (i.e. an "interesed party" since if there is no Will you will inherit a share of the estate). At this point you can contact the probate court in the county in which your father was domicled when he died and/or consult directly with a local probate attorney.

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 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.

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