Can I see a copy of my mother’s Will prior to her passing if I think that my siblings are exerting undue influence over her?

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Can I see a copy of my mother’s Will prior to her passing if I think that my siblings are exerting undue influence over her?

My relationship with my siblings has become less friendly every year. As a result, they have been influencing my elderly mothers behavior in a way advantageous to them – detrimental to me. My mother has 2 substantial properties – they each now occupy one of them. I am now apprehensive that should my mother pass, her estate will be settled along these inequitable lines. Do I have any rights or legal recourse into investigating the current disposition of my mothers Will and the irrevocable trust my father established? My mother lives in IL, I am in WI.

Asked on December 9, 2010 under Estate Planning, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I am assuming that your father has already passed away.  Who is the trustee of your Father's trust?  If you ar a beneficiary of the trust then you have a right to be informed as to the status.  As for your Mother's Will, sure you can if your Mother chooses to show you.  Otherwise you have to wait until she passes away. That is when you have a right to see it.  But if you feel that your Mother is being unduly influenced I would speak with an attorney in your Mother's area as to the matter and your rights as a child to bring an action to become conservator of your Mother and her estate in cases just like these.  Good luck to you. 


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