What to do if my brother refuses to give me a copy of my father’s Will and is removing assets from the estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my brother refuses to give me a copy of my father’s Will and is removing assets from the estate?
I am a 53 year old disabled divorced father of 3. My father passed away about 6 weeks ago. I have been estranged from him for 10 years. I have 2 other brothers both of whowere on good terms with my father at the time of his passing. I have email contact with my sister-in-law who told me about myWfather’s passing and the fact my father’s will was made 11 years ago, a time at which my father and I were on good terms (she was told this by my brother). As I am not on speaking terms with my family, how do I find out if I am still included in my father’s Will? I estimate my father’s estate to be around $400-600K. I have requested a copy of the Will from my brother but he has not responded. Also, my brother is signing checks, removing items from the house and has yet to file any probate papers with the court. He does not plan on doing so because he knows I have limited funds for a lawyer. What can I do?
Asked on January 19, 2012 under Estate Planning, California
Answers:
Joseph Gasparrini
Answered 12 years ago | Contributor
My name is Joseph Gasparrini. I am a lawyer in Stamford, Connecticut. My work includes estates and probate matters in Connecticut and New York. Under the laws of the states that I am familiar with, the person who was designated as executor in a Will is required to file the original Will with the Probate Court (in New York this is called the Surrogate's Court) within a specified period of time after the death of the person who wrote the Will. Based on your explanation, it seems that your brother may be acting as executor of your father's estate. If he is acting in that role, he must have been appointed or confirmed as Executor by the Probate Court. And if he was appointed or confirmed by the Probate Court, this can only occur if the Will was filed with the Probate Court. And if the Will has been filed with the Probate Court, it is a public record. If you would like further advice on this matter, you can call me at 203-968-8830 during business hours - Eastern Time. However, I cannot give free legal advice. I can assist you after we discuss terms of payment for my services.
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.