Do family members have the right to see another member’s Will?

My grandmother passed away about 5 months ago; she lived under the care of my uncle and his wife. A year or so before she passed away, my uncle had her change her will and my mother was left out of it. My mother, nor any of our family has seen the will at all. Recently my uncle sent me a text message informing me that he buried her two weeks ago. I called him and asked him why he did not tell anyone, and he said, “It had to be done this way” and that my grandmother always said, “If you can’t see me when I’m alive, don’t come see me when I’m dead”. Morally, what he did was completely wrong. However I would like to know if my mother and I have a right to see my grandmother’s Will and see what her wishes truly were?

Asked on February 27, 2013 under Estate Planning, Delaware

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

I cannot tell you what Delaware law requires in this instance.  In Florida, the person in possession of a will must file it in the probate court within 10 days of death.  If they do not do this, the court can make them do it.  If you are truly interested in seeing the will, consult an estate lawyer in your area about Delaware law.  Your mother may have a right to contest the will if your grandmother lacked capacity or was unduly influenced by your uncle when she changed it.


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