My father passed away suddenly. He and my Mom live in another state. I have a brother who is two hours from them. As soon as Dad passed, my brother drove to their home and retrieved the will. I have never seen it.My mother, though not physically well and mentally diminished, was named executor of the will, per my brother. She made my brother her power of attorney. They made all the funeral arrangements for my Dad and my brother moved my Mom into a nursing home 20 minutes from his home. I have been left out of loop, not kept informed, not included to help with the funeral, etc. It's been very frustrating and upsetting. I asked to see the will and I was ignored. I made a second request and weeks later, my brother tells me my mother won't let me see the will. I am very perplexed over this situation. Am I entitled to see the will?? I've also emailed 3 attorney's in their state and not one has contact me to help.
Answers:
The will will have to be recorded in the public records in order to be probated. Contact the County Clerk's office in the state your Father lived in. By law they must give you a copy. You might have to end up suing your brother since it sounds like the wants his share, your mother's share and your share. Don't let him get by with it.
If you know the name of your father's attorney contact him. You should be present at the reading of the will also.
Sorry about your Father. I would seek advice from an attorney
You need an attorney and you need it now. Emailing won't get the job done.
Unfortunately, it is all too common for families to behave this way. You have a right to know what is in the will secure an good attorney in the state where the will was written ASAP,
The will is public record. You can obtain a copy from the County in which it was filed.
I could be wrong but, I think at death a Will becomes public record.I would start with the Judge of Probate office they will let you know.
I'm sorry about your father! The same thing happened to me, and I have nothing to do with my 5 brothers and sisters! Maybe you should ask to be appointed by the judge to be your dad's personal representative (PR)! If you can prove your brother's sneakiness and poor behavior, you could even have a good chance to become the PR of the estate! Being a PR isn't an easy job! You have to run newspaper ads looking for outstanding bills your dad may have had! It's up to the PR to settle the estate and pay all the bills, and to carry out your dad's wishes as they are spelled out in the will! If you can prove to the judge that you are capable of being the PR, he may just appoint you! Everything the PR does is public knowledge, and the PR makes all the calls to carry out your dad's wishes! If there was no will, the judge would handle the decisions the way he wants them done! Yes, you can see the will! Personally? Both my Mother and I got trashed the way Dad's will was unfairly handled! I moved 1500 miles away, and will never see any of them again! Good Luck!
File an action for the probate of the will so that the court will determine the validity of the will and to inform you about the distribution of the estate of your father.
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