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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38170
Experience:  Attorney with 16 years experience
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My step son's father just passed away recently and my step

Customer Question

My step son's father just passed away recently and my step son has asked his fathers widow if he can see his father's will. She is refusing his request. Does he have any legal right to see his father's will?
JA: Family law varies by state. What state are you in?
Customer: Washington
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 2 months ago.
Category: Family Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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If a probate case has not been opened and the will admitted to probate, then it is an entirely confidential document until that occurs. If the wife is the executor of the will, then she will have to file a formal probate case to be appointed as executor of the estate and admit the will to probate. Then she will be granted the power to gather all assets, pay any debts, and distribute the surplus assets to any beneficiaries.

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So until that happens, son couldn't force her to produce a copy of the will..

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However, if she is dragging her heels about filing a probate case, stepson can force the issue by filing his own probate case to settle father' s estate and ask to be appointed Administrator. Once he is in front of the judge, he can notify the judge that the wife is in possession of the will and the judge can issue an order for her to deliver it to the court. Once that happens, whoever is the executor would take over settling the estate.

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thanks

Barrister