How can I see my grandmother’s Will if the executor is not giving us a copy?

I am one of the beneficiaries and the executor is giving my brother and I a hard time almost a year after her death.

Asked on December 2, 2018 under Estate Planning, North Dakota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The Will should have been filed by now. If so, then it is now a matter of public record which means that either you have the right to get a copy of it from the probate court. If it has not yet been filed, then you still have the legal right to see the Will as you are a named beneficiary and as such it is the executor's duty to give it to you. If the executor won't cooperate, then you can make a formal request to the probate court, asking that you be allowed to view the Will. Further, you may also have a cause of action to remove the executor for breach of their "fiduciary duty". At this point, you should consulting directly with a local probate attorney who can best advise you further.


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