US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
How can I get a copy of my dad's will since my step mother is not cooperating?

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?

Category: Wills and Estates
Subcategory: Will Contests
Date: 04/07/2025
State: Texas

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do when someone leaves you money in their will?

If someone leaves you money in their will, the executor of the estate will typically contact you. You may need to provide identification and possibly a copy of the will. Once the estate goes through probate, you should receive your inheritance as specified in the will. If you have questions or concerns about the process, consider consulting with an attorney to understand your rights and responsibilities.

How do I find out if my deceased father left me money?

To find out if your deceased father left you money, you can start by checking if a will has been filed for probate in the local court. If a will exists, it will outline any inheritances. Additionally, you can contact the executor of the estate or family members for information. If needed, hiring an attorney can help you navigate the process.

What happens when someone leaves you money in a will?

When someone leaves you money in a will, the executor of the estate will manage the distribution of assets after the will goes through probate. You will receive your inheritance as specified in the will, provided all debts and taxes of the estate are settled first. If there are any disputes or delays, consulting with an attorney may be beneficial.

What happens when you inherit money from a will?

When you inherit money from a will, the estate must go through probate, where the will is validated. Once the probate process is complete, you will receive your inheritance. Keep in mind that any debts or taxes owed by the estate must be settled before distributions are made. If you have questions about the process, consider seeking legal advice.

What happens to my dad's money when he died?

When your dad passed away, his money became part of his estate. The estate will go through probate, where debts and taxes will be paid before any distributions are made to beneficiaries. If he had a will, it will dictate how his assets are distributed. If you have concerns or questions, consulting with an attorney can provide clarity.

How do beneficiaries receive their money from a will?

Beneficiaries receive their money from a will after the probate process is complete. The executor will distribute the assets according to the terms of the will, once all debts and taxes are settled. Beneficiaries may need to provide identification and possibly sign documents to confirm receipt of their inheritance. If you have questions about the process, an attorney can assist you.