How do you get a copy of your mothers Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do you get a copy of your mothers Will?

My husband’s mother died and he wants to get a copy of the Will. It has not gone to probate, and the executor will not give him a copy. My husband did find out that he is named in the Will.

Asked on September 7, 2017 under Estate Planning, Indiana

Answers:

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

Answered 4 years ago | Contributor

Your husband can double check to see if his father's Will was entered into probate. If it was already filed, then it is a matter fo public record, so he can get a copy. Further, if he is in fact a beneficiary, then he has a legal right to see it; the executor cannot keep it from him. And even if he is nt named in the Will, he can still obtain a copy since in the eyes of the law he is an "interested party". That is someone who would inherit if there had there been no Will (pursuant to something known as "intestate succession"). Therefore, since whether or not there is a Will affects his rights, he has a stake or "standing" which is sufficient to give him the right to bring a legal action against the executor.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption