Legal Question in Wills and Trusts in Texas
wills
My dad recently died in Texas. His wife has not mentioned his will to my sister or me. While we are not looking for monetary gain, we are curious about the will's contents because of trust issues we have with his wife. Are we, as his children, entitled to view the will, and if so, what is the process?
2 Answers from Attorneys
Re: wills
Anyone can view a probated will. It is a public record. Check with the probate clerk in the county where your father resided to see if probate is open. If there is no probate, then chances are there is no will. If that is the case, children ouside of the marriage would be entitled to an inheritance. It would be good to contact an attorney at that point to protect your interests.
Re: wills
The first place to start is to ask his wife if your father had a will and if she intends to probate it. If she has probated the will - then its public so you can obtain a copy from the clerk of the court. If she admits having a copy and will not give it to you need to consult with a lawyer. You might also want to take a look at Texas Probate Code Section 75.
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