My mother passed away, if I was mentioned in her Will should I be notified by her attorney?
Question Details:
My mother has recently passed away; 3 weeks ago. If I was mentioned in her will should the attorney have contacted me? If I was not mentioned in the will can I request a copy of it? Do I have that right being her daughter?
Please accept my condolences on the loss of your mother.
The first thing that should happen is for your mother's chosen executor to file the will with the probate court and to request that the court probate the will and appoint the executor. This process alone can take 1-3 months. As next-of-kin, you should receive notice of the petition to appoint executor.
Once the will is probated with the family probate and family court, it is public record, and you can access it yourself if you choose. If you suspect foul play, you would be wise to have an attorney help you review papers before you sign them. Please feel free to contact me if you require any further assistance. Chris 617-357-4898.
When the executor files for probate you should get notice.
If you have questions, contact me.
I am sorry for your loss. Yes, either way you should be notified. You should receive a copy of the Will and some form of Waiver and Consent to it being offered for Probate. Sometimes you will receive a Citation indicating that the Will is being offered for Probate and your time frame to object to same, either to contest its validity or to contest it in some other way.
You should consider writing to the attorney and requesting a copy as a potential beneficiary of the estate. Under the Intestacy laws (laws that govern the distribution of an estate in the even there is no Will) children would inherit form their parents. If you think that you may have been disinherited and want to know check up front. And if you think that you have been disinherited incorrectly check with an attorney.
