How can I get a copy of my mother’s Will?

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How can I get a copy of my mother’s Will?

My mother’s passed away 2 months ago. I don’t live in the same state that she did and I’m getting the last of her bills. I now that that my brother is now in charge of records. He has not talked with the rest of the family since her death.

Asked on February 26, 2018 under Estate Planning, Wisconsin

Answers:

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

Answered 3 years ago | Contributor

If her Will has been admitted to probate, it is now a matter of public record so you have a right to see it. If it has not yet been probated, then as your mother's child, you can still get a copy of her Will because you are what the law terms an "interested party". This is someone who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Accordingly, since whether or not there is a Will affects your rights, you have the right to bring a legal action to view the Will. If you cannot get your brother to cooperate, then you should consult directly with a probate attorney as to pursuing your rights in this matter.


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