If she is dead, and you are a natural heir to her estate, the executor is obligated to place a copy of that will on public records, where you can get a copy if he will not give you one.
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Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. * This will flag comments for moderators to take action.
Anyone who is an immediate family member of the deceased, whether or not he or she is listed in the will, is legally entitled to a copy of a will. The same applies to anyone who is listed in the will as a beneficiary.
Also if you sister have intentionally changed the ownership of your mom's accounts, you have a cause of action for interference... You should have a right to get copies of any probate documents filed with the Court.
You should have a right to get copies of any probate documents filed with the Court. However, in many situations, there is no formal probate when one spouse dies as everything may have been owned jointly. If there is no probate, then there is nothing to disclose.
Anyone who is an immediate family member of the deceased, whether or not he or she is listed in the will, is legally entitled to a copy of a will. The same applies to anyone who is listed in the will as a beneficiary. Trustees, appointed lawyers, probate judges, or court officials involved in its filing are also entitled to a copy of the will.
Anyone who is an immediate family member of the deceased, whether or not he or she is listed in the will, is legally entitled to view a copy. The same applies to anyone who is listed in the will as a beneficiary.
When an individual passes away and leaves behind a will, there are various regulations and procedures that must be followed such as filing the will in probate court and distributing the estate’s assets to beneficiaries by the executor of the estate.
How to Obtain Access to a Will. Typically, the easiest way to obtain access to the will is to approach one of the individuals who either has a copy or has access to one as they are obligated to give you access if you’re legally entitled to it. Your best bet is to approach one of the professionals involved in the estate rather than, say, ...
Anyone previously named as a beneficiary in an earlier version of the will; Anyone that would have been entitled to receive an inheritance by law had the deceased not left a will; Anyone with a child who is named in the will (and is a minor);
Legal or financial advisers and professionals involved with the estate such as trustees, appointed lawyers, and probate judges or any court officials involved in its filing are also entitled to view the will.
You may also make a formal request to the probate court that you should be allowed to view the will. Once the will has gone through probate, the information within it becomes public record, and is available to anyone who chooses to search for it, but up until that time access to the information is controlled.
If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.
If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association. Report Abuse. Report Abuse.
Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. Report Abuse. Report Abuse.
She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.