Can a niece ask for copy of the Will from my deceased aunt?

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Can a niece ask for copy of the Will from my deceased aunt?

My aunt said I was in her Will and I was just told I am not. We believe that the executor and sister did something.

Asked on April 13, 2018 under Estate Planning, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless you are named in the Will as a beneficiary, or you would inherit under intestate succsession, you have no right to see the Will. Regarding the latter, only next of kin inherit when a person dies "intestate" (i.e. without a Will). And next of kin are surviving spouses, children, parents, siblings and then neices/nephews. Since your aunt left at least a sister, then her sister would be entitled to the estate.

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

Answered 2 years ago | Contributor

I am so sorry for your loss.  You are only entitled to get a copy of the WIll if you would receive under intestacy or you are in same as a beneficiary.  The Will, however, is a public record one it is filed in Probate Court.  So you can go and ask to see the Probate File.  That is your first step.  Good luck.


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