why does a lawyer send you a copy of your aunts will

by Whitney Borer 6 min read

Even if it isn't required by law, if there is the possibility of a legal challenge to the will, the attorney may want to send a copy to any legal heirs, close family relatives, or previous beneficiaries who aren't included in the will, so that they have notice.Jun 30, 2020

What happens if your aunt or uncle has a will?

Dec 26, 2014 · anything, you would need to hire a lawyer in that county to copy and review the file, or go there and do it yourself. The Adam’s County Courthouse is on Baltimore Street in Gettysburg. I do not ...

Why does a probate attorney ask for a copy of will?

Oct 19, 2014 · Posted on Oct 19, 2014. Your aunt's attorney probably won't give you a copy of her will unless he or she is also going to represent the executor in probating the estate. The executor or his lawyer must give you notice that you are a beneficiary (if you actually are).

Should I let my attorney keep my original Wills?

Dec 07, 2008 · If the executor or the estate attorney anticipates that anyone will file a will contest to challenge the validity of the will, he might send copies to any heirs at law of the deceased who aren't named in the will. He might also want to provide copies to any beneficiaries named in a previous will if there is one.

How do I get a copy of a will?

Jun 08, 2013 · Well, that could be difficult. The trust is most likely private and you wouldn't necessarily be entitled to a copy unless you were a beneficiary. I'm guessing your aunt's Will wasn't probated because it didn't have to be - it's possible all of her property passed to your uncle automatically without needing to go through probate.

What is a pour over will?

The last will and testament might be a " pour-over will ." This type of will often comes into play when the deceased had a revocable living trust that was not completely funded prior to his death — not all his assets had been placed into the trust's ownership. This type of will simply directs that any property left outside the trust should be moved into the trust at his death.

Who are the heirs at law?

Heirs at law are individuals who are so closely related to the decedent that they would have inherited from her if she had not left a will. All states have prescribed lists detailing who these people are.

Can a will be read by anyone?

Remember that a will becomes a public record for anyone to see and read when it's filed for probate with the state court. The beneficiaries of the will can request that the probate judge seal the court records to prevent the general public from viewing it under certain circumstances.

Who must receive a copy of the will?

The accountant for the estate must receive a copy of the will if one is appointed. He must understand any instructions the will gives for paying off the debts of the estate.

How to get access to a will?

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, ...

Who is entitled to a copy of a 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 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.

Can you see a will after probate?

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.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Who is a beneficiary in a will?

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);

Is common law marriage legal in New York?

Common-law marriage is not valid in New York, but may be valid in a different state. What should I do if I need an estate and probate lawyer for my aunt or uncle’s estate? You can contact the Law Offices of Albert Goodwin, an attorney familiar with nieces and nephews inheritance laws.

Can you win a will contest?

You can win a will contest if you can prove that your aunt or uncle either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

Is an adopted child considered a biological child?

Children are presumed to be biological children if they were born during the marriage or have your aunt or uncle’s name on their birth certificate. Adopted children of your aunt or uncle are considered their children. Step-children or foster children are not considered their children.

Who Is 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. 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 als…
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Other Interested Parties

  • Other people who may view or obtain copies of a will include: 1. Anyone named in the will, even if not as a beneficiary; 2. Anyone previously named as a beneficiary in an earlier version of the will; 3. Anyone that would have been entitled to receive an inheritance by law had the deceased not left a will; 4. Anyone with a child who is named in the will (and is a minor); 5. Anyone with a child wh…
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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, a family member. Talking to an attorney or adviser who has the will, and who is verse…
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