As the named executor, how do I get a copy of my aunt’s Will if the lawyer refuses to give it to me?

UPDATED: Oct 1, 2022

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As the named executor, how do I get a copy of my aunt’s Will if the lawyer refuses to give it to me?

The attorney drew up wills for both our aunt and uncle as a friend/church

member who did them for free. Our uncle passed away and my sister and I are

executors of his estate. We then asked for a copy of our aunt’s Will, thinking that she would pass away quickly as well. The attorney refused to give it to us and in fact was angry, belligerent and yelling.

Asked on April 1, 2018 under Estate Planning, Georgia


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

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  Did your Aunt pass away?  Becuase you may not be entitled to see the Will until she does.  The attorney is likely holding on to it for safe keeping.  However, the remaining information is disconcerting.  If the Will was not properly executed then your Aunt will be deemed to pass "intestate" when she passes and then her estate will be distributed via the Intestacy statute in Georgia.  You should ask the other attorney about that to be prepared.  And when the time comes have the other attorney ask for a copy of your Aunt's Will.  He or she can also advise you on the signature issue.  Good luck.  

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 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.

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