Q: I live in Tennessee. Do I have to give my late husbands sons a copy of his will?
My husband passed away with a will that left everything to me. His sons (one in AZ one in TN) said they cant believe they didn't get anything and consulted with an attorney. I'm thinking I may have to consult an attorney also. There is no estate. According to the will I own everything just as my husband would have if I passed before him.
A:
If you have not submitted the will for probate, you should do so immediately.
In my opinion, any child, whether they are in the will or not, is entitled to see their parent's will. Its just the right thing to do. Wouldn't you want to see your mothers or fathers will? If there is any real estate ( land), you have to probate the will to obtain a record of ownership of the land. Once the will is submitted for probate, it becomes a public record, and the children can get a copy for m the courthouse. If you don't probate the will, Tennessee law says the children and the surviving spouse inherit, so if you plan to exclude them from anything, you must probate the will. Consult an experienced probate lawyer to assist you.
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