What is the time limit to view a Will?

UPDATED: Jan 28, 2011

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What is the time limit to view a Will?

My father passed away in 1999. My sister claimed to have his Will and said that she was the representative but she never showed it to me. I trusted her and never asked. However, things have been revealed recently that she may not have followed the terms of the Will. What is the time limit I have to request a copy of the Will? Also, she did not file it in Probate Court.

Asked on January 28, 2011 under Estate Planning, Michigan


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

Answered 12 years ago | Contributor

I am sorry for your troubles.  First of all, you as the beneficiary under the Last Will and testament are entitled to receive a copy of the Will and I am pretty certain it should have come with any waivers you may have signed.  Secondly, you have to file a Will with the Probate Court in order for it to be probated and the terms of the Will to be followed.  Are you sure that your sister filed a Probate or did she file an Intestacy Proceeding generally called an Administration?  If she filed the latter then you as her sibling should have received an equal amount under the intestacy laws, minus certain fees.  You ned to seek legal help here with all of this.  Good luck to you.

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