Legal Question in Wills and Trusts in Texas
My Father's Will
My father recently passed away. My two sisters and myself would like to get a copy of the will even though we have been told by several family members that we aren't included in the will. As far as I know the will has not gone through probate. However, my Aunt is already selling by Dad's house even though my Dad was the only person on the deed. My aunt mentioned that my Dad left the house to her in the will. What do I need to do to get a copy of his will??? Do I need to hire an attorney or can I just go to my Dad's attorney an ask for a copy??? What legal rights do the kids actually have??? I know it's difficult to tell without actually having the will. Thanks for your help.
1 Answer from Attorneys
Re: My Father's Will
Contrary to popular belief, children have no legal right to be included in their parents' wills. They may be excluded wihtout reason so long as they are acknolwedged in the will so that there is no suggestion that they were just overlooked.
The will should be offered for probate. There is a procedure for doing this if those who have the will won't do it.
Ask the family lawyer for a copy. The worst that can happen is he says no.
Consult a probate lawyer in your town if you get no satisfaction from the others.