Legal Question in Wills and Trusts in Tennessee

Want to see copy of my father's will

I'd like to see a copy of my father's will; my step-mother claims they had ''mirror wills'' leaving everything to each other, but also states that the will was discarded into the trash.

It seems somewhat unlikely that my father would have left EVERYTHING to my step-mother, without regard to his four children, but it is possible.

Thanks for any assistance you may be able to provide.


Asked on 12/30/04, 2:19 pm

4 Answers from Attorneys

James Hall Qua, Hall, Harvey & Walsh

Re: Want to see copy of my father's will

This seems unlikely. You may have a challengeable issues. You may want to see if the estate was probated.

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Answered on 12/30/04, 2:34 pm

Re: Want to see copy of my father's will

If your father threw away his will, then he "revoked" it under the law; accordingly, he would be deemed to have died without a will, in which case his assets would be divided between his spouse and children. If he died with a will, then the will has to be probated (by law) and concealing it could be a criminal offense.

You may wish to speak with a lawyer in the state where your father passed away.

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Answered on 12/30/04, 2:35 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Want to see copy of my father's will

You may want to contact a lawyer to help you determine if your father's will was submitted to the Probate Court of the State and County in which he died. If He died without a Will you need to determine what right you have under the INTESTATE law of the state in which he died.

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Answered on 12/30/04, 2:53 pm

Re: Want to see copy of my father's will

If your father had a Will, it should have been filed with the Probate Court in the County in which he last resided . If it was filed, then it chould be available with the Court.

If the Will was never probated and your father did not structure everything he owned as being of joint ownership with your step-mother, then you may have a claim against his estate for part of his property.

You should contact a local attorney ASAP and/or go to the Probate Court and see if an estate was ever opened for your father.

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Answered on 12/30/04, 4:58 pm


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