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children in estranged fathers will

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S

sgtdragon

Guest
Hello,
I will try and make this short. We live in Tennessee. Wife found her father in 1992 after 25 year absence. The father had 3 biological children and 3 step children. He died on April 25, 2002. My wife helped in planning for the funeral and was listed in obit... as his daughter. My wife was told that he had a will and that she should be there for the reading on May 1st. 2002. My wife just wanted to know if he mentioned that he loved her in the will, etc. The reading was never held. The subject of the will was brought up by the stepmother the other day. The stepmother stated that no words of sentiment were in the will, but the will wasn't going to be read until after she passes. I believe that his biological children should have a right to see the will etc. I don't know what to do with out upsetting her. My wife has no desire to hurt her or anything, but this was her father who didn't provide anything for her in life. She had to visit him whenever step mom wasn't around. My wife just wants closure. Any advice would be helpful, thank you.
 


Dandy Don

Senior Member
A reading of the will does not have to be held, since the will is ordinarily a public document that anyone can request a copy of after it is filed.

The biological children DO have the right to see the will if they are named as beneficiaries.

What do you estimate is the value of the father's estate? If the estate is elow a certain amount (say, for example, $10,000) then probating the will is not required. However, if it is above a certain amount, then probate is required. You will need to check at the county courthouse to ask the court clerk (or a probate lawyer) what the minimum amount is for filing in Tennessee, and check to see if the stepmother has filed it for probate.

It may be improper to withhold the will, but not necessarily illegal. Only a local attorney can tell you what to do next--whether to forget about it or file a petition with the court asking a probate judge to issue a request to the stepmother that she file it, or if something else could be done.

One of the children should file (or hire an attorney to do it) to become executor of the estate, and then at some point during the probate process, the stepmother might be required to produce the will and other financial information about the estate to the court. She shouldn't be able to keep everything secret and deny the children the right to receive what they are due. The estate matters must be handled NOW, not at whatever future date she thinks it should be done.

DANDY DON
 

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