How to view our mom’s Will if our stepdad refuses to show us?

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How to view our mom’s Will if our stepdad refuses to show us?

Asked on October 4, 2015 under Estate Planning, Colorado

Answers:

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

Answered 6 years ago | Contributor

As a family member, you are an "interested party" and have a right to see it. You can file an action in court to compel that your stepfather produce a copy of the Will. At this point, you should consult directly with a probate attorney in the area of where the applicable probate court is located.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can bring a legal action in chancery or surrogate's court seeking an injunction court order that the stepfather produce or provide your mother's will. Speak with an attorney about doing this--it's not as straightforward as, say, bringing a small claims action for auto damage or breach of contract. Also, if you know your mother's attorney and/or accountant, try contacting them one or both may have a copy of the will.


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