Copy of Will

[Crystallady]

What is the name of your state? Colorado When my father-in-law passed away, my husband never had access to his dad's will. His stepmother we are assuming received everything in joint/spouse custody. We asked the lawyer for a copy and we were told we had no rights to it and from what I can tell it was never filed with the courts.Is there any way of getting a copy of this? Thanks

 

[lwpat]

You need to check with the probate court. If no will has ever been filed, your husband can start probate and request that he be named personal representative. If there is a will, that will bring it out. If there is no will, you husband is entitled to a share of the estate. There are certainly some personal items.

 

[GaAtty]

In most states there is a statute that a will must be filed in the probate court within a certain period of time of death, usually 6 months. Under such laws, the stepmother would have been in violation if she took any of his estate and didn't probate the will. If there was no will, then she is only entitled to 1/2 under Colorado law. That leave 1/2 for him. It is only logical that there was not any will. If there had been one, and it had left everything to her, she wouldn't mind showing it. Therea are only 2 reasons not to show the will: it leaves him something, or it leaves her less than 100%. He should file to be administrator, which he can do since no will has been probated.