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 8 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 8 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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