How can I get a copy of my mothers Will?

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How can I get a copy of my mothers Will?

She recently passed away. My brother is POA and I believe he’s not being honest.

Asked on January 7, 2018 under Estate Planning, Illinois

Answers:

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

Answered 3 years ago | Contributor

If you are named as a benfciary in the Will, then you have a right to see a copy of it. In this case, you can check to see if your mother's Will has already been entered into probate. If it was, then it is a matter of public record so you have a right to see it. Yet, even if it has not been entered, you can still obtain a copy of it. This is due to the fact that in the eyes of the law you are an "interested party". In other words, one who would have inherited if there had there been no Will (via something known as "intestate succession"). Consequently, since whether or not there is a Will affects your rights, you have a "standing". This is a stake that is sufficient to give you the right to bring a legal action to view the Will. If in fact, it is determined that your mother did not have a Will, then she died "intestate" which means that as her heir, you are entitled to a portion of her estate. At this point, you consult directly with a local probate attorney. Also, a POA ends upon the death of the principal which means that your brother has no further control over any of your mother's assets.


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