may I view will of deceased parent(s)

Im in CA. My mom died and left a trust that I cant touch. M sister, an atty., is in control of it. Im 41. i’d like to view the will but she wont let me. My mom left certain instructions like how $ could be spent on med/dental, entertainment items, living needs, schooling,etc… but not to me directly due to past **** addiction. my sis now decides whether I “need” or “deserve” items I ask for or need paid. When I ask her what exactly my mom left me, she refuses to let me know. Can I obtain a copy of the will for myself? The will is from MA. and I live in CA

Asked on July 1, 2009 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your loss.  Although I am not admitted in California or Massachusetts, whatever the State you have an absolute right to view the Will and the Trust agreement left by your Mother and your Sister knows it. Is she also the Executor as well as the Trustee? If the Will was Probated you can go down to the Probate Court in the county in which your Mother lived and view the petition that was filed.  You should, though, receive a copy anyway if you are a beneficiary under the Will.   I understand that you live clear across the Country and it may be difficult to do this yourself.  It may be a good idea to retain an attorney for the purpose of writing a letter to your Sister requesting a copy of the Will, Trust and Probate Petition filed as well as an Accounting.  Negotiate a flat fee for the letter.  You are not in the market for a Will contest yet but just want to see what is what.  You can make a decision later on how you wish to proceed. She can not ignore the attorney's letter.


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