Do I have a right to see my aunt’s Will and the addendum for the distribution of her personal property?

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Do I have a right to see my aunt’s Will and the addendum for the distribution of her personal property?

Have received papers showing my aunts house was TOD to me. How can I be sure her assets were handled property while she was living. What is to prevent the POA from writing checks for personal use? I do not think her Will went to probate. I just want to be sure all was done fairly and her assets were handled rightfully.

Asked on September 25, 2011 under Estate Planning, Wisconsin

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  First you need to put your mind to rest on the POA.  A POA dies with the person for whom it is enacted.  So check writing, etc., at this point is done.  Now, in order for anyone to continue to take care of the estate - and to transfer the house to you via executor's deed - the Will must be put through probate.  As far as I know there is no TOD for a house unless you were a joint tenant or tenant in common with rights of survivorship.  I would speak with an attorney in the area on this matter.  You should receive a copy of the Will when it is submitted to probate.  Good luck.


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