How Do I See a Copy of My Deceased Father's Will and Trust?
Full Question:
Answer:
When the father passsed, the will should have been filed at the probate court in the county where he resided at the time of death. Interested heirs should receive notice and opportunity to be heard in the probate process. If you suspect your rights have not been upheld, we suggest you consult a local attorney who can review all the facts and documents involved. We suggest calling the clerk of court to inquire about viewing a copy of the will. The court's acceptance of the will when filed in probate is presumptive proof of its validity, although expert testimony, such as handwriting analysis, may prove otherwise. Once on file at the courthouse it is a public document. However, a trust is not a public document. It may optionally be filed in some cases. You may also want to check the county recorder's office where any real property is located.
Whether the wife has the power to change the trust depends on the terms of the trust document. Some trusts are irrevocable, others give the trustee discretion to change distributions. Once a will is written, it can only be changed or revoked by its maker.
