How do I find out if I was named in a will?

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How do I find out if I was named in a will?

Daddy passed in 2013.Sister and mother refuse to have any her.contact…not even at the service.Mother still has home and land Daddy and she owned when he passed.Three months after he passed she purchased another home with some land.One sister has moved in with her.

Asked on July 31, 2017 under Estate Planning, Tennessee

Answers:

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

Answered 6 years ago | Contributor

You can check to see if his Will has been filed with the probate (i.e. the one in the county in which your father was domiciled at the time that he died). If it has, then it is a matter of public record which means that you have a right to see it. However, if it has not been entered yet, you can still obtain a copy since you are what is the law calls an "interested party". That is, someone who would have inherited if there was no Will (viasomething known as "intestate succession"). Accordingly, since whether or not a Will exists affects your rights, you have a stake or "standing" which means that you have the right to bring a legal action to view the Will. 


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