How or what would I do f I would like to view a relatives Will?
Do I need an Attorney?
Is there a certain time that one must wait?
How do I begin?
Thank you very much
2007-07-16 11:31:47 · 6 answers · asked by Anonymous in Arts & Humanities ➔ Genealogy
If they are alive, you ask them. If they have passed, you ask the executor of the will. If you are not in the will, the executor may decide not to show you the will.
2007-07-16 11:41:45 · answer #1 · answered by davidmi711 7 · 0⤊ 2⤋
If the person died and you know where they died, you have every right to see the will. It's a public document once it's filed. All you need to do is go to the court house and go to the Probate Court's office. In most counties I've researched, the old wills are filmed and made available in a small viewing room near the Clerk's office. If it's an active probate, then you have to pay a fee for them to make a copy of it for you.
Will's aren't only filed for the family who inherits, they're also filed for the creditors to be able to settle final debts before the inheritance is distributed. Everyone has access to them.
The only document that no one gets to see is a Trust document. If your relative left a trust instead of a will, then you're out of luck. No one gets to see that except the Trustee and the administrator of the Trust. But a simple will is never a problem to see.
2007-07-16 20:50:13 · answer #2 · answered by GenevievesMom 7 · 2⤊ 0⤋
Genealogists use wills all the time for identifying relationships, and they ARE a matter of public record. However, normally, we look for old wills that have been "completed" and through the probate process.
It sounds more like you are discussing something recent, meaning it may not be through the legal process yet. If you were named in the will, the executor has an obligation to notify you. If we are talking about a "current" probate, I doubt that an attorney is going to be useful, unless you plan to contest the will.
I always try to use my genealogy to strengthen goodwill and bonds. I hope you don't have a situation that goes contrary to that, but sadly, that happens often with wills and property.
2007-07-16 19:24:22 · answer #3 · answered by wendy c 7 · 2⤊ 0⤋
You have no rights to see a will. If this person is deceased and you believe you have been left something then the person who has been appointed executor will take care of dispersing the assets as set forth in the will. You could contact that person and ask if you will be receiving anything. If you are the child or spouse of the diseased then you would have some claim to property, however - a good will will specify that the state that anyone protesting the property split will get $1 only.
2007-07-16 18:44:10 · answer #4 · answered by justwondering 6 · 0⤊ 4⤋
I just went thru this stuff. Everything must be done thru an attorney specializing in wills and estates.
2007-07-24 16:22:52 · answer #5 · answered by 'Old & Cudley' 7 · 0⤊ 0⤋
Consult an attorney.
2007-07-16 18:39:43 · answer #6 · answered by Aunt Doobie 6 · 0⤊ 2⤋