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

UPDATED: Sep 30, 2022

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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…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


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

Answered 5 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. 

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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