More information is needed. Was a probate estate ever opened? If not, then the Will is irrelevant. A Will is only given effect in probate court. If there is no estate, that tells me that either there are no assets that need to be probated, or that someone is dragging their heels. In this case, it is 99.9% likely that your stepmother is entitled to the entire estate. In 25 years of practice, I have only had a handful of clients say they want to bypass their spouse to make provisions for their children. It almost never happens. It is possible that your stepmother provides for an inheritance for you, upon HER death. But it is virtually certain that all of your father's assets went to her. Please note that if all of their assets were held jointly, which is the most common arrangement, then your father's Will is meaningless, at this point. Your father's Will applies only to assets titled in his name alone. If there were no such assets, then there is nothing to pass under his Will. If there was no probate estate, then I think you are out of luck. The exception to that would be if you can prove there were assets titled in your father's name alone and that your stepmother is just delaying probate of the Will so she can hold onto the assets for as long as possible, without dividing things up. That CAN work with assets, such as real estate. It does not work with financial assets, however, because if something is titled in your dad's name alone, no one can use or access it, without going through probate. So you can check the property records in the county where your father resided to see if the real estate is titled in joint names or not. If it is, I would treat your step-mom as well as you possibly can and give up on trying to see your father's Will. If the property is titled in your dad's name alone, then you should see an attorney.
Answered on May 05th, 2014 at 10:06 AM