What can we do if my mother-in-law just passed and my sister-in-law claims that there is an Will, however we cannot find one on file?

She is telling my husband that both parents left everything to her according to this “Will”. How can we administer an estate to probate on this matter?

Asked on November 21, 2015 under Estate Planning, Michigan


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the court will charge for the copy of the probated will. If your sister is the executrix of the will, she has a fiduciary responsibility to ensure the beneficiaries receive their share in the will and the estate assets are not wasted.
You should send a certified/registered letter to her to indicate you are entitled to see the will. It is a public document once probated.

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.