Can I see a copy of my mom’s Will

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Can I see a copy of my mom’s Will

My father passed 3 years ago and my mom has Alzheimer’s, is bedridden and completely incapacitated. My brother and I have never seen a Will and my sister has power of attorney and claims to be the executor. We have asked her for a copy and the name of the lawyer who drafted it. She refuses and says it’s not appropriate nor will she give me the contact info. Am I not allowed to see my mothers will until she passes?

Asked on August 27, 2017 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, there is no right to see anyone's will, even as a child of them, until they pass away. A will has, by definition, no effect until death; it creates or takes away no rights or interests until death; it can be revoked or modified at will pre-death; etc. Prior to death, a will doesn't even really exist in a sense, since it can be revoked or changed at any time, and since it does not affect you in any way pre-death, you have no "standing," or recognizable legal interest, in it pre-death.


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