Saturday, April 21, 2012

An Estate/Probate Idea For Mother Jones

My father died a few months ago and my stepmother will not let me see his Will. How do I go about getting a copy of the Will?  Already Tried: I have requested that a copy be either fax to me or mail with no avail 

Answer: Do you know if she is the executor?

What does she say is the reason?

Do you know if you father had assets in his name such as bank accounts or a house (that's not jointly owned)? 

I do not know if she is the executor.

I have requested three times to have a copy of the will sent. She says yes but it has been four months of requesting with no sign of the will.

I do not know if my father had a bank account or property in his own name at the time of his death.

Answer: You may need to retain a lawyer to write her a letter at the very least.

If she is the executor and you are a beneficiary then she owes you what is called a fiduciary duty and one thing she has to do is to report to you about what goes on with the estate.

If there are assets that were in his name the Will has to be probated and once that happens it's a matter of public record but you don't know if that's the case.

I find it odd or worrisome really that she won't show you the Will and I guess you do too. 4 months is ridiculously long if she says she will give it you and it sure doesn't seem like she's going to.

I would think that if she gets one letter from a lawyer she will produce it. If not the lawyer can let you know what your options are and how much they will cost you.

I hope this helps as a starting point.

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