How can I make my dad's widow show me his will?

Question

My dad died in March and its been almost a year. I know there's a will and I think she's hiding something. I dont have the money to take her to court. My lawyer sent a certified letter down there asking her for a copy but she ignored it. Could you help me. I need to see it, I know im in it.

Answer 1

WOAH!! DO NOT DO WHAT SOME OF THESE PEOPLE ARE TELLING YOU!!!!

I am a lawyer and you need to be advised that if you follow the advise of some of these people, you will lose any and all of your interests in your dad's estate, if any.

The advice to contest the will is especially potentially harmful. That poster did not mention that in a will contest, if you do not have probable cause to initiate such action, then by operation of law, you will be treated as a predeceased heir. That means you will be totally disinherited!!

Is your dad's widow the executrix of your father's estate?
Did your father have a living trust?

Because if your father did not have a living trust, and his widow is the executrix of his estate, then your dad's will would necessarily need to be "lodged" with the Probate Court in the county of his residence when he was alive.

His executrix would need to initiate the Probate process with a Petition to the Probate Court for "Letters Testementary" within 30-180 days of his death depending on your state. This gives the executrix the power to deal with your dad's assets.
That's step one, there are several steps to Probate and it ends in the court issued "Final Distribution Order." It takes typically 18 months to complete Probate.

During the in between period of Probate, the executrix (woman)/executor (man) or the "personal representative" of your dad's estate would then file what's called a "Notice to Creditors" with the Probate Court and also with the County Recorder's Office.

All this is to provide notice to the world that your dad has passed away, that he obviously had assets in his estate, so any creditors that claim he owed them money, have approx. 90 days to make those claims to the probate court.

Whoever is your dad's executor has the folllowing duty: 1) Collect and render and accounting of your father's assets wherever they all may be. 2) Provide notice to the world of his death and the statutory time period to make claims to his estate. 3) Pay off debts providing itemized accountinig of such debts and how paid. 4) Carry out his wishes in his last will.5) Render a final accounting of the assets on hand after the debts are paid.

Probate is open to the public, so you can go pull the court file and read the will. Any lawyer can do a party name search in the local county Probate courts to find the case number and look that up. If that turns up nothing, then any lawyer can file a "Petition to Compel" in the local Probate Court, ordering the widow to disclose the information you seek. Again, if the widow is the executrix, she's got duties to the world and that includes a whole truckload that would require a lawyer's guidance. Does she have a lawyer?
Of course, if he had a living trust, then Probate is avoided and his "estate" will go to the "decedent's" trust. To reduce the death tax exposure, his widow will hold those assets along with her 50% community property and 100% separate property assets in the "survivor's" trust. This would still require notice to the world in the form of a "Small Estate's Declaration" and "Notice of Trustee" filed with the County Recorder.

YOU NEED A GOOD PROBATE LAWYER!!

Answer 2

You can contest his will especially since you say "I know I'm in it" which leads me to believe that you did not receive anything when your dad died... I know you say you can not afford to do much but at this point you really need a lawyer to help you in the matter.. I am deeply sorry for the passing of your dad.

Answer 3

your lawyer can force her to reveal the will. She and it can be pulled into the courts. Your lawyer needs to get their a** in gear though- they really aren't doing much if it took them a year to send one letter. Light a fire under 'em.

Answer 4

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Answer 5

I know this is mean but tell the police that you think that she had something to do with your dad's death.
Since she wants to be a bytch, be one back to her.

Answer 6

you need to talk to your lawyer. tell him if the will can be subpoenaed.