How can I find out if my mother put me in her Will if my father won’t tell me?

UPDATED: Jul 4, 2015

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How can I find out if my mother put me in her Will if my father won’t tell me?

My mother died 5 months ago; my father is still living but he is very bad to me. Can he change the Will? How do I go about stopping him from doing so. How do I get a copy of her Will?

Asked on July 4, 2015 under Estate Planning, Utah


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

Answered 7 years ago | Contributor

Are you sure that she actually had a Will? If not, as a child you�are her "heir" and so are automaticlly entitled to inherit as a matter of law.

If she had a Will and it was entered into probate, it is now a matter of public recors, therefore you (or anyone) can get a copy. If it has not yet been entered into probte then you are entitled to a copy of your mother’s Will because you are an “heir-at-law”.� Even if the Will disinherited you, you are still entitled to a copy.�

In order to get a copy, you must file a petition to compel your�father to hand over the Will.�In other words, you will need to get a court order.�Once you have a copy you will know for certain what yoo are due. You can then make a decision as to whether or not it is worth fighting for.

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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