If I am co-executor of a Will, am I entitled to see all estate planning done including what a POA might have done before death?

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If I am co-executor of a Will, am I entitled to see all estate planning done including what a POA might have done before death?

Am I entitled to the full file from the attorney?

Asked on April 23, 2012 under Estate Planning, North Carolina

Answers:

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

Answered 9 years ago | Contributor

Yes and no.  If you believe that estate assets were in some way compromised by the POA and the attorney who has the file is refusing to give it to you then you and the other executor need to have a separate attorney for the probate and to demand the file (or ask the court to order it sent to the new attorney).  There is the issue of attorney client priivlege here which can in some instances survive death.  Good luck.


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