How do I legally go about getting my mother’s living Will read and getting rid of executor in the house that my mother left me?

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How do I legally go about getting my mother’s living Will read and getting rid of executor in the house that my mother left me?

My mother paid a lawyer over $15,000 to take care of her living Will. The lady that claims she’s the executor fired him and claims she’s having another person read it. I am positive she is refusing to have it read. So that she can remain in the house my mother left me in her Will. She has stolen over $10,000 from my mother’s account, stolen her possessions in the house and harassing me with the police. She’s even had my mother’s car impounded from me she gave me before she passed. What can I legally do to have this settled?

Asked on June 23, 2012 under Estate Planning, Kentucky

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  I think that you may have terms and roles confused here. A living will is a legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments.  It is not their last will and testament.  And in this day and age a lawt will and teatament is rarely formally read.  Now, has this person been appointed through the Probate Court as the executor of your Mother's Will?  If yes, then the Will is a public record now and you can read it. Then you can speak with an attorney to have her removed for what sounds like a breach of fiduciary duty. If she has not been appointed then you need to seek help to have yourself appointed and do what is needed to prosecute her for stealing.  Please get help.  Good luck.


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