Do you have a right to see your parents will?
Asked by: Ezra Bosco | Last update: October 26, 2025Score: 4.3/5 (42 votes)
Erick Penzer: Generally speaking, you're entitled to a copy of the will.
Do I have a legal right to see my father's will?
If a will does exist, once it is lodged with the court, it is public record and can be accessed by anyone, whether or not they have any relation to the decedent or their estate. Many people opt for a trust instead of a will since trusts are not required to be filed with the court or subject to probate.
Can you request your parents will?
If your parent had a California estate planning attorney, you could call their office and let them know your parent has passed away and that you are looking for their will. The attorney may have a copy of the will.
Are all beneficiaries entitled to see the will?
In California, the beneficiaries typically obtain access to a copy of the Will through probate. The probate process commences at the time of death, so the Will is filed with the probate court. Afterward, the proxy appointed to oversee execution can provide all the beneficiaries and family members with a copy.
Is it OK to ask your parents about their will?
You can ask all you want. Your parents are under no obligation to answer or provide the information you seek.
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Can I look at my parents will?
It's also important to recognize that a will can change throughout a person's life, and up until the point where the person dies, it's a private instrument. So, if you want to know what your parents are leaving you and they're still alive, you can ask them but you're not entitled to a copy of their will.
Can my parents cut me out of their will?
For example, if parents disagree about a child's lifestyle choices, they may choose to leave them nothing in their will. Children can also be left out of a will if they have already received their inheritance while their parents are still living.
Can a family member hide a will?
Californian law prohibits hiding or withholding a will without lawful excuse. According to California Probate Code Section 8250(a), any person found guilty of intentionally hiding or omitting a will without legal justification is guilty of a misdemeanor.
Can an executor decide who gets what if there is no will?
The answer would be the decedent's heirs, who may consist of their surviving spouse, children, grandchildren, parents, siblings, and nieces and nephews, among others. To put it simply, even when there is no will, the administrator does not have the authority to decide who gets what.
Can beneficiaries demand to see deceased bank statements?
Beneficiaries are entitled to request bank statements from the executor by making an informal written request for them. Some executors may attach bank statements to their accountings for added transparency without beneficiaries having to ask, but it's usually not a requirement for them to do so.
How can I see my mom's will?
State archives. Some states offer online archives of historical records. For example, the California State Archives maintains vital records, including wills and probate court case files, for 28 counties from 1850 to 1897. Public library databases.
Can my parents contest my will?
Contesting wills can only be done by your spouse, children, or people included in your will or codicil (or a previous will or codicil). To contest a will, the person must file a contest during the probate process (the court procedure that enacts a will).
Do you need a lawyer when a parent dies?
An attorney can provide clarity on matters such as inheritance, tax implications, the proper handling of debts, and probate fees in California. This is especially important if your loved one died without an estate plan in place.
Can an executor decide who gets what?
To this end, executors are prohibited from altering the deceased's will. When it comes time to distribute assets to named beneficiaries, they may not change, override or ignore the will. Executors of estates are also discouraged from distributing assets to beneficiaries before the estate has been appropriately taxed.
Does the oldest child inherit everything?
No, the oldest child doesn't inherit everything. While it will depend on state laws, most jurisdictions consider all biological and adopted children next of kin, so each child will receive an equal share of the estate, regardless of age or birth order.
Can you get a copy of a will before someone dies?
Access to Your Will Before You Die
Before you die there's little anyone can do to gain access to your will without your permission. You don't have to show your will to anyone if you don't want to. The only way this changes is if a court determines that you don't have the mental capacity to care for yourself.
Who has more power, a beneficiary or executor?
While beneficiaries can often disagree with an executor's decisions, unless the executor clearly violates the terms of the will or breaches their fiduciary duty, there is typically nothing a beneficiary can do about it.
Can an executor screw over a beneficiary?
Executors are bound to the terms of the will, which means they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.
How much does an executor get paid?
California has one of the most detailed schemes, which provides that the executor fee is four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent on the next $9 million, one-half of one percent on the next $15 million, and a “reasonable amount" ...
Who keeps the original copy of a will?
An executor is a person named in the will responsible for carrying out the deceased individual's wishes. Among their duties is the responsibility to locate and safeguard the original will.
What to do if a sibling steals your inheritance?
FILE A LAWSUIT
Another option to recover STOLEN INHERITANCE is filing a lawsuit against your sibling based on breach of fiduciary duty, fraud, and other forms of abuse of power of attorney. Additionally, your parent can challenge the agent's use of their power of attorney and recover any assets misused.
Can a beneficiary override a will?
Part of the advantage of designating a beneficiary is that it generally bypasses probate and overrides the contents of a will. Whereas a will must be administered in court, designated beneficiaries may only need to show their ID and a certified copy of the decedent's death certificate to receive their benefits.
What can cause you to lose your inheritance?
- The will is dated and does not reflect the decedent's wishes;
- Circumstances have changed since the will was made (i.e. a remarriage or the birth of a child);
- The decedent expressed different wishes verbally prior to death;
- The decedent leaves property to someone other than their spouse;
Who cannot be disinherited?
However, a surviving spouse cannot be 'disinherited'. California is a community property state. This means that both spouses own all income earned by either spouse during the marriage and all property acquired with that income 50/50.
Can a step child contest a will?
Although, as per the law of California, stepchildren don't have any rights over the inheritance of step-parents, they're not cut out of the will. If someone wants, they can specifically nominate their stepchildren for some or all assets.