If my father has just passed and I’m his only child and my grandmother refuses to show me the Will, whatdo I do?

UPDATED: Sep 17, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my father has just passed and I’m his only child and my grandmother refuses to show me the Will, whatdo I do?

I need to know what to do to find out what I’m entitled to.

Asked on September 17, 2011 under Estate Planning, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your father passed with a will, it will need to be probated. Since a will needs to be probated it is a public document that you can review at the court house. If you are a beneficiary under the will you are entitled as a matter of right to see the will.

If your father had a trust instead of a will, a trust is not a public document and you would not be entitled to view it unless you are a named benficiary under it.

If your father passed without a will or a trust, his estate would have to be adminstered through a proceeding through the court under your state's intestacy laws. In such a situation the state where your father's last permanent reidence sets how the assets of your father would be distributed. In most cases you would be entitled to its entirety if your father had no wife or other children when he passed.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption