Q: Do I have the right to see my late Father's Will if I suspect my Stepmother committed fraud by not probating the Will?
State of Alabama - According to my Father, he and my Stepmother drew up a joint/mutual reciprocal Will. He said when the first spouse passed, the surviving spouse would receive everything, but when that spouse passed all property would be liquidated and divided by three for myself, my brother and my stepbrother. My Father passed in 2006 and my Stepmother passed October 2015. The Will he spoke of was never probated by her after his death. She used joint survivorship/joint accounts to put everything in her name. She has made a Will giving everything to her son, with only token amounts to my Father's heirs. I contacted the Law Firm who I think drew up their joint Will and asked for information about it. They have not returned my phone calls or answered my emails. I suspect my Stepmother of committing fraud and would like to have access to their Will to confirm or deny it. Do I have a right to request a copy of the Will from a Law Firm? Thank you
A: Look at your question. When the first spouse passed, then the surviving spouse received everything. On your father's death in 2006 it was all hers -- even under the terms of the will. The fact that if she had passed first, and then on your father's death you would get something does not mean anything -- because that didn't happen.
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