Is a person named as a beneficiary(his son) in a will legally entitled to have a full copy of it after the testator has died?
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Is a person named as a beneficiary(his son) in a will legally entitled to have a full copy of it after the testator has died?
My dad died recently and has a will naming me as one of the beneficiaries.His wife,who is not my mother is the executor of the will.She does not want me to have a copy of it until she’s ready,and I ‘d like to find out what’s going on now.Can I legally ask the lawyer who prepared the will for a copy?
Asked on May 30, 2009 under Estate Planning, New York
Answers:
M.H., Member, California Bar / M.H., Member, California Bar
Answered 14 years ago | Contributor
You can certainly get a copy of the will, and the estate cannot be settled unless and until the will is admitted to probate. A copy of the will should have been filed with your county surrogate or probate clerk upon execution and you should inquire at the courthouse in the county at which your father resided when the will was executed to see if a copy is there. I don't see why the lawyer representing your father's widow would refuse to provide you with a complete copy given that you are a beneficiary, and if he did it would raise a concern. In that event, send a letter Certified Mail, RRR demanding a copy and show it to your lawyer if and when you retain one if a copy of the will is not forthcoming.
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