How to get a hold of a Will that is not filed in probate?
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How to get a hold of a Will that is not filed in probate?
I’m an only child and my father just passed away. I was not allowed at the
funeral home per his girlfriend and have been told that I get nothing per this
girlfriend. I also was not entered in his obituary. She stated her children as his as to which none of them are. As to all of this I am under so much mental stress and anguish. How am I to get a copy of said Will?
Asked on March 29, 2018 under Estate Planning, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
As your father's child, you are what in the law is called an "interested party". This is a person who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Accordingly, since whether or not a Will actually exists affects your rights, you have "standing". This stake gives you the right to bring a legal action to view their Will. That having been said, you may not be named in their Will. The fact is that a parent can disinherit a child. Further, certain assets pass outside of probate and go directly to the listed beneficiaries (e.g. IRA's, 401k's,c ertain pension benefits, etc.).
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