How can I view a Will if the executor won’t provide it?

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How can I view a Will if the executor won’t provide it?

My mother recently passed away and her grandson is the executor. He won’t show me the Will or even a copy. I am concerned that he will take everything as the Will goes through probate. Is there a way that I can see the Will before it goes through the courts?

Omar

Asked on October 27, 2018 under Estate Planning, Ohio

Answers:

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

Answered 2 years ago | Contributor

First of all, you don't have to wait for probate to conclude. Once your mother's Will is submitted to the probate court, it becomes a matter of public record. So you (or anyone else) can ask the court for a copy. Further, you can still get a copy of it since you are what the law calls an "interested party". This is a person who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Therefore, since whether or not a Will actually exists affects your rights, you have a stake or "standing" in the matter. This stake gives you the right to bring a legal action to view the Will. That having been said, you may not be named in it as a benefciairy since a parent may disinherit a child. Also, some assets pass outside of probate such proceeds from IRA's, certain bpension benefits, 401's, etc.  


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