What can I do if my deceased father’s wife will not “reveal” my dad’s Will?

I have seen a copy of it. An executor was named and it left his wife a life estate, and after which the property was left all to his children. However, she won’t give it up and has since made her own Will which leaves her estate to her children. I’m thinking of hiring a local attorney to send her a demand letter for the Will. How I can force this issue?

Asked on November 7, 2014 under Estate Planning, North Carolina


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

Answered 6 years ago | Contributor

I am so sorry for your loss.  I think that your plan is a good one but I would make sure that all bases are covered.  First, do you know the attorney that drew up the Will?  Does he or she have an executed copy?  I would get it.  I would discuss with the attorney that you hire the ability to be able to use it in place of the original (that can  happen when the original is lost).  I would also discuss what would happen should it be determined that your father died "intestate" - with out a Will - given the way his assets are held.  Good luck.

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