Is a last will and testament public record?  My brother passed away
and his second wife is saying that it is private.  We think he named
is only daughter in the will and she refuses to let her see it.  Where
does she stand legally?

Dear rhojenkac-ga

Thank you for allowing me an opportunity to answer your interesting question. 

Every Will is subject to the Probate Process. Because Probate Courts
are public courts, the business transacted in the Probate Court is a
matter of public record. Therefore, a Will (or other document filed
with a Probate Court) is open to inspection by anyone who cares to
examine it. In most cases, once it has been entered into court (when
the estate is probated), a will (including details of its
beneficiaries) becomes public record. A ?trust? on the other hand is
often a private affair. You should be able to speak to the court clerk
where the will was entered and obtain information about getting a copy
of it, or, if for some strange reason it is not public (i.e., the
probate is not complete, etc), how to petition the court to obtain a
copy and/or potentially challenge the will as a possible heir.

If the will has been probated ANYONE has the legal tight to see the
document. The decedent?s daughter has the legal right to see and
possibly contest the will as a potential heir.

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher

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Request for Answer Clarification by rhojenkac-ga on 24 Oct 2004 05:34 PDT

Thank you so much for the speedy reply.  What if the will wasn't
filed?  Where does she stand legally?

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Clarification of Answer by tutuzdad-ga on 24 Oct 2004 11:33 PDT

If the will has not been file and the person who drafted the will is
deceased, it would behoove her to act immemdiately, especially if she
suspects she is an heir. It is legally uncumbent upon the executor of
the will to distribute the assets fairly and in accordance with the
testor's wishes. In other words, in many cases an executor of a will
can be civill and sometimes even criminally liable for withholding an
heir's rightful inheritance.

If the father is still alive, there's not much that can be done (yet)
to view a will that has not yet been filed or probated. If the father
is deceased, the clerk of the probate court (or an attorney) can
advise on all matters concerning public records issues.

Regards;
tutuzdad-ga

I was impressed with the speedy reply.  Thank you.

As stated your first stop is the probate court to see if the second
wife has started the probate process. You have not mentioned how much
time has passed since his death. Most states have a time requirement
for the filing of a will and the clerk at the probate court can give
you a copy of your state law.

If nothing has been done than I suggest that the daughter, if she is
of legal age, start the procedure and ask to be named as the executor.
This will really start the fur flying but it sounds like you have
nothing to lose. If the second wife does not produce a valid will then
the estate will be distributed in accordance with state law and the
daughter is entitled to a portion of the estate.