Legal Question in Wills and Trusts in Tennessee
Childrens Rights Re: Will & Probate
My father passed away and my step-mother is the Executor of the Estate. Before he passed, he sat down with myself and one of my brothers and told us that his will stated that his estate was divided 60/10/10/10/10. 60% to our step-mother and 40% divided equally between the 4 children. In addition, he mailed my brother two different times and instructed him to contact his financial planner and his attorney in the case of his death. He passed away unexpectedly on March 8, 2007. To this point, our step-mother will not give us information on what is in his will. I need to know if, as his children, we have any right to be informed of his last wishes and the contents of his will. The financial planner and the attorney both state they cannot give us information as it is considered confidential. Do we have a legal right to have this info? and if so, what steps should we take?
1 Answer from Attorneys
Re: Childrens Rights Re: Will & Probate
You do not tell me which state your father was a resident of. From the message, it looks like Tenn.
The law of most states requires the custodian of a will to produce it to the heirs or children. Make a written request, by certified mail, to the person you believe has the will. Consult with an attorney of your own. I apologize in that I am familiar with laws of some states other than Arizona but not in particilar in this case. You might do a search for Tenn. probate statutes on the internet.
Best regards.
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