What to do if my father passed away earlier this year and his wife is withholding the Will from me?

have a certain amount of ownership in the condo that they owned and she still has some of my possessions and family heirlooms. I would like to sue her. Do you think that I should proceed?

Asked on October 29, 2014 under Estate Planning, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes. If she is the executrix, you need to find out if she is conducting self-dealing or abusing her role as executrix.  She has a fiduciary responsibility (legal) to all beneficiaries.  Since you are one, she is legally required to give you a copy of the will.  Go and file a claim against her. Before you do, go to the courthouse where the will is probated and buy a copy. It is your right to do so; it is a public document. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.