Can I get a copy of my dad’s will
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Can I get a copy of my dad’s will
My step mom is trying to make me sign a
paper to get taxes exempt and home
stead. Can I get a copy of will before I
sign something I should not
Asked on January 3, 2018 under Estate Planning, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you are named in the Will, you have a right to see a copy of it. In this case, you can check to see if your father's Will has already been entered into probate. If it was, then it is a matter of public record so you have a right to see it. If it has not yet been entered, you can still obtain a copy. This is because in the eyes of the law you are what is called an "interested party". In other words, one who would have inherited if there had there been no Will. This is pursuant to something known as "intestate succession". Accordingly, since whether or not there is a Will affects your rights, you have a stake or "standing". This stake is sufficient to give you the right to bring a legal action to view your father's Will. If in fact, it is determined that your father did not have a Will, then he died "intestate" which means that as his heir you are entitled to a portion of his estate. At this point, you consult directly with a local probate attorney.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you are named in the Will, you have a right to see a copy of it. In this case, you can check to see if your father's Will has already been entered into probate. If it was, then it is a matter of public record so you have a right to see it. If it has not yet been entered, you can still obtain a copy. This is because in the eyes of the law you are what is called an "interested party". In other words, one who would have inherited if there had there been no Will. This is pursuant to something known as "intestate succession". Accordingly, since whether or not there is a Will affects your rights, you have a stake or "standing". This stake is sufficient to give you the right to bring a legal action to view your father's Will. If in fact, it is determined that your father did not have a Will, then he died "intestate" which means that as his heir you are entitled to a portion of his estate. At this point, you consult directly with a local probate attorney.
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