Ask for a copy. In writing. The Will does not have to be filed and is not required to be on the public record until the creator dies. Contact the attorney that helped your mother prepare her Will.
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The attorney will not have permission to tender a copy of the Will without permission but will be on notice that after death could be made to produce the file. * This will flag comments for moderators to take action. Your mother is not dead. The attorney-in-fact does not need to give you a copy.
A Living Person’s Will. If you are wondering how do I get a copy of a will for a person who is still alive, the only way to do so is to ask the person who wrote the will (testator). A will is a private document and no one can be forced to show their will, but the testator can share copies with anyone he wishes.
Yes, go to the court probate office and ask for a copy of the will. Hopefully the sister filed the will with the court which is mandatory; you may also want to look at the probate court file to see how the will provisions were implemented. * This will flag comments for moderators to take action.
Of course, if your sister refuses, then you would need to hire an attorney and go to the court. That might not be worth it, on a number of levels. * This will flag comments for moderators to take action.
Well, it should have gone to probate, but if your mother's plan was to leave her house to one child, she could have made that child a joint owner of the property during her lifetime (it's not a good idea, but it's done all the time). But if it went to probate, you'd have gotten notice of the probate at that time. There's no reason to think that the will still exists at this point. If there was probate, the court will have the will. If not, it may have been destroyed.
Sometimes a will is filed with the probate court where the deceased lived sometimes not Sometimes a will is actually put in storage at the probate court where the deceased lived sometimes not Contact the probate court to find out. If its not there is little you can do.
I would start by calling the probate court in the town where your mom lived. A will is supposed to be filed with the probate court 30 days after death whether or not a probate was opened. If the will was filed, the probate court will have it and you will be able to get a copy.
So Will or not, unless the ring was given to your sister, you are entitled to your share. Of course, if your sister refuses, then you would need to hire an attorney and go to the court. That might not be worth it, on a number of levels. Report Abuse.
If the Will was ever filed with the court or there was a probate estate, then yes, it would be on file there. If it was probated, you would already have received a copy. If probate is needed, and there is no Will, it would not change the result...the estate would still be equally divided by you and your siblings.
If you are wondering how do I get a copy of a will for a person who is still alive, the only way to do so is to ask the person who wrote the will , called the testator. A will is a private document, and no one can be forced to show their will, but the person can share copies with anyone the wish. They may have the will at home, at their attorney’s ...
Go to the courthouse with the file number and ask a court clerk to see the file. Getting a copy of a will is possible by paying a copying fee. Some courts will also provide you with a copy by fax or mail of a will on file. A certified copy of will is a document that has been stamped and certified by the court to be an exact copy ...
Once the testator has died, if that will has been filed with the probate court of the county the deceased resided in, the court will open the will and it becomes public record.
The best way to view the will is to get the probate court file number . The executor can give you this information. You may also be able to access the file number by phone, online, or in person at the courthouse by providing the deceased’s name and date of death. Some courts don’t even need the date of death and have an online docket you can search ...
A certified copy of will is a document that has been stamped and certified by the court to be an exact copy of the official document. It may be necessary to search through the court archives for a copy of will from many years ago. The clerk will tell you how to do this. The will might be on microfilm or in digital format for viewing.
The rule of thumb is only the original copy of a will is valid. The original is what must be filed with the court. Most people make copies of their will though. A copy of a will may be admissible in court if the original has been destroyed by a fire or flood or if the original has been unintentionally lost by the testator.
However, you may still be allowed access.If you are a named beneficiary in the will or a guardian of a minor child who is a beneficiary, you are likely permitted access to it by your state’s laws. You should contact the executor to ask to see it.
If your mother can no longer make decisions, then no one can make changes to her will not without forging her signature. If there is funny business going on, it is likely that it involves joint bank accounts or other means of transferring money, other than a will. You say your mom has only personal property, so why do you care about her will? If there are no assets to divide up, then the will is never going to be submitted to probate, so it won't ever mean anything. It's possible your sister won't let you see a copy of the will because there isn't one. You probably should discuss this with a lawyer who represents you, see if there is anything you need to be doing now.
Wills are private until the person making them has died. If you believe she has been changing the will then you should consult an estate planning attorney as well as your local elder abuse authority.
Sister cannot legally change the Will and her lawyer friend could get disbarred if involved. Ask the lawyer directly. If refused, you can petition to be appointed guardian, then they have to give it to you.
Unfortunately, while your mother is alive, heirs at law have no power to receive a copy of the will unless you file an action in State court alleging undue influence against your sister.
Suggest you seek the services of a probate lawyer to make a demand upon your sister for production of the will. Even though your sister has POA, she cannot unilaterally make changes to your mother's will.
Generally, a person with a POS cannot change the will; I would be surprised if that happened. As long as you are not the POA, you do not have a right to see the will.
Powers of attorney usually don't include the power to change a person's will. Check to see if that's listed as one of the authorized activities on the POA document. If it's not, any changes to the will most likely will be invalid.