Legal Question in Wills and Trusts in Michigan
Father's Will, right to see
I have a quick question, my Father passed away a week ago, my stepmother has not allowed my two siblings and I to see his will, infact there has been no mention of it. We have requested that we be able to see and it has not been presented to us as of today. One do we have a right to see his will? My second question is, before his death he told me of another will that he had created or a change to his will that had been made, yet I do not believe that that is the will that we are going to see, my stepmother is claiming that she can't find where the other one was located, do we as children have a right to contest the will that she is using based upon conversations that all three of us have had with him regarding his wishes for where his money and such should go?
3 Answers from Attorneys
Re: Father's Will, right to see
Hello, I have received a copy of your e-mail. Yes, you are entitled to view a copy of your dad's will. tell your step-mother that you insist upon it. As far as a second, newer will is concerned, you have more of a problem. You will have to prove it exists. Contact the attorney who most recently represented your father or the attorney who drafted the earlier will and see if they drafted the new will. You can also check in the Probate Court of the county where your father resided at the time of his death or the time when you think the new will was signed. The will may have been filed there and will be available upon the death of your father to an interested party such as yourself. If you need further assistance feel free to contact my associate, Karen Crusse, or myself. Wills and probate are one of the major areas of concentration for this firm. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)
Re: Father's Will, right to see
The general procedure is for probate to be opened to examine the will (or wills) in court. Any interested party - usually heirs - can request probate to be opened. Tell stepmother to open probate or open it on your own, then the court can determine which of the wills is valid.
Re: Father's Will, right to see
As heirs at law, you have an absolute right to see the will. Remember though, that the will only operates on assets in your father's name alone, so if things were joint with his wife, they pass to her by operation of law. Depending on what the will says, and the assets situation an estate should be opened, in the near future. If she does not open it, you or your siblings should petition the court to do that.
As to the second will conversations are not enough to prove it. You need to at least find a copy. Do you know who might have drafted it? (Maybe the same person who did the first will did the second?) Or, if your dad lived in a smaller county, you can publish in the local newspaper or call the local lawyers. Based on your request, she seems to admit there might be a later will, but claims it is 'lost?' Interesting.
This type of matter is best handled by an attorney. My office has handled a great many of these 'messy' probates, so if you wish to pursue it further, give us a call. You can check our website, (www.probateprince.com) to learn more about us.
Best regards,
Pat Prince
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