What to do if my husband’s grandpa died 2 months ago and always told him that he’d inherit his grandpa’s farm but the executor won’t show my husband a copy of the Will?

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What to do if my husband’s grandpa died 2 months ago and always told him that he’d inherit his grandpa’s farm but the executor won’t show my husband a copy of the Will?

His uncle is the executor and the only one who has a copy of the Will. His uncle said he put it all in a Trust and he’s asked his uncle many times if he’s listed to inherit it and his uncle won’t give him an answer and changes the subject, not looking him in the eyes. We’ve called the county and they have no record that a Will or Trust has been filed with them. How can we get a copy of the Will and could he do anything shady to prevent us from getting the farm if he didn’t want us having it? None of the beneficiaries (other kids, grandkids, etc.) have a copy, just him, which makes us worried. We fee like we’re stuck and can’t get any answers.

Asked on October 2, 2013 under Estate Planning, Arkansas

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

Talk to a local probate attorney. One of your options would be to file a probate case. You don't have to wait from your uncle to do it. You can then ask the court to order your uncle to produce a copy of the will.

You should also go to the county recorder and get a copy of the deed for the farm. If the farm is still in your grandfather's name, filing a probate case is appropriate. If your gradfather already deeded it to a trust, you could file a different court case, seeking the trust terms and an accounting of the trust assets.


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