Does a grown child have the right to a copy of their father’s Will?

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Does a grown child have the right to a copy of their father’s Will?

My youngest brother is the executor but my siblings and I know nothing about what is in the Will.

Asked on January 23, 2014 under Estate Planning, South Dakota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your brother has a fiduciary responsibility (legal) to not waste the assets, to administer the estate and ensure all beneficiaries are given their bequests. Here is the issue: you don't know whether or not you and your siblings have been cut out of the will or have been given specific or general bequests. If your brother has refused to show you the will, the will needs to be probated. You can go to the court house and see the copy of the will. If you see it, are owed items or money from it or property, file a motion to remove him as executor.


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