How do I find my mother’s Will?

UPDATED: Apr 23, 2012

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How do I find my mother’s Will?

My mother recently passed away (5 months ago) and specifically told me (her daughter) and her granddaughter that she had made out a Will. She told us my older brother was the executor and that she had sent him all the papers. However, he claims there is no Will. How can I find out the truth?

Asked on April 23, 2012 under Estate Planning, New York


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

Answered 10 years ago | Contributor

I am so sorry for your loss and for the problems that have ensued.  Did your Mother have an attorney that she used or knew that could have drawn up the Will for her?  He or she may have a copy of the Will to at least prove that it did exist.  Using it as an original is a whole other can of worms.  If your brother is nnot being forthcoming then have yourself appointed as the Administrator of your Mother's estate and speak with an attorney about possibly forcing his hand.  Good luck.

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