What do I do if the executor of the Will is with holding it from me even though I am the daughter of the deceased?

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What do I do if the executor of the Will is with holding it from me even though I am the daughter of the deceased?

My dad and I haven’t talked for the last 2 years, he passed away recently and the executor of the Will, whom I have never met will not give me any info at all even though I am his next of kin. She only gave me the info that I needed to sign for his cremation. He recently divorced my mom and he had substantial assets. We live in different states; he is in NV and I live in OR.

Asked on December 26, 2018 under Estate Planning, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The executor has to follow the terms of the will: your relationship to the deceased doesn't matter, since your father has the right to disinherit children in his will. All that matters is what the will says, and there is no law saying an executor must show the will to or give information to someone not in it, even a child--unless (see below) that person brings a credible legal action or challenge.
However, if you believe that you would inherit under this will (i.e. that your father would have left you something), you could bring a legal action in court to force the executor to divulge whether or not you are in the will--and if you are, to then follow its terms. As a child, you would often be named in a will, and would inherit if there was no valid will, so you have grounds to bring this action. Unfortunately, you have to go through the effort and cost of bringing the legal action before you know if you are in the will or if there is any reason to bring the action, because only in court can you compel the executor to show the will and prove he is following it. You may wish to consult with a probate attoreny to see if this is something you wish to do.


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