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

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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

Answers:

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

Answered 6 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.


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