How can I get a copy of my dad's will since my step mother is not cooperating?
Full Question:
My dad passed away recently and I know he had a will and some money was set aside for me and my brother. My mom passed away 20 years ago and my dad remarried 12 years ago.Therefore I have a step-mom who told me a week before my dad passed that she thought she would give my brother and me 'the money' a little at a time instead of all at once. Then on the day we buried dad she says that my brother and I would not get any of the money until she dies, that the money is in a trust. So my question is, do we have a right to see our dad's will and read the terms of the trust? Should I start by just asking her if we could see it or should we hire an attorney?
04/29/2009 |
Category: Wills and Es... ยป Will Contests |
State: Texas |
#16359
Answer:
Typically, the family members are not required to receive a copy of the will. A will that has been submitted for probate is a public document and anyone can go to the court and obtain a copy. If you cannot go to the court yourself, you can hire a lawyer to obtain a copy for you.
Typically, a trust document isn't a public document required to be filed like a will. Some states allow a notice of trust or related document to be filed at the courthouse, so you may try calling the courthouse (ask for the Probate Division) to see if the trust was filed at the courthouse. It is usually best to attempt to resolve matters with a personal approach before starting litigation.
The following is a TX statute:
§ 90 PROB. CODE. Custody of Probated Wills
All original wills, together with the probate thereof, shall be
deposited in the office of the county clerk of the county wherein the
same shall have been probated, and shall there remain, except during such
time as they may be removed for inspection to another place upon order by
the court where probated. If the court shall order an original will to be
removed to another place for inspection, the person removing such
original will shall give a receipt therefor, and the clerk of the court
shall make and retain a copy of such original will.
