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Who can see a will or trust?

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Handyman8797

Junior Member
What is the name of your state? NY

My Father passed away last June. My Mother is still alive. They had a will and trust drawn up some time ago. My Brother & Sister had been written out of the Will and Trust.
My Brother is insisting on seeing a copy of each document and is threatening a law suit.
Because my Mother is still very alive and healthy, does my Brother have any right to do anything about this? What are my Mother's legal rights in all of this? I am named as the executor in these documents, can I take any actions?

Please explain reasons why or why not.
 
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seniorjudge

Senior Member
Handyman8797 said:
What is the name of your state? NY

My Father passed away last June. My Mother is still alive. They had a will and trust drawn up some time ago. My Brother & Sister had been written out of the Will and Trust.
My Brother is insisting on seeing a copy of each document and is threatening a law suit.
Because my Mother is still very alive and healthy, does my Brother have any right to do anything about this? What are my Mother's legal rights in all of this? I am named as the executor in these documents, can I take any actions?
Q: Because my Mother is still very alive and healthy, does my Brother have any right to do anything about this?

A: No.
 

Handyman8797

Junior Member
does my Brother have any right to do anything about Trust?

Does my Brother or Sister have any rights to a Will or Trust while my mother is alive? Does my Mother have to show these documents? Is there any legal action to force my Mother to show my Brother or Sister the Will or Trust? Please explain.
 

nextwife

Senior Member
IF dad had a will, it should indeed be filed and probated. If he died last June, then it is well past time for filing.

If there is no will, then dad's estate would be handled as intestate, with distribution in accordance with your state's statutes.
 

Handyman8797

Junior Member
Does my Brother or Sister have any rights to a Will or Trust while my Mother is alive

My parents Wills & trust are both filed in Florida. When my Father passed away in June all the financies and estate moved over to my Mother. My Mother is still alive.

Does my Brother or Sister [both of whom have been written out of the Will & Trust] have any rights to see these documents? Can either of them take any action against my Mother?
Please explain.
 

BelizeBreeze

Senior Member
Handyman8797 said:
My parents Wills & trust are both filed in Florida. When my Father passed away in June all the financies and estate moved over to my Mother. My Mother is still alive.

Does my Brother or Sister [both of whom have been written out of the Will & Trust] have any rights to see these documents? Can either of them take any action against my Mother?
Please explain.
Everyone in the world has the right to see dad's will since it is part of the Probate file which is public record.

NO ONE, not even you, has the "RIGHT" to see mom's at the moment...on one except mom and whomever she decides to let have a lookey-lue
 

Dandy Don

Senior Member
You need to be consulting with an attorney to find out what New York state law says about this. There is no need to give him a trust document if he is not entitled to it. Is there any language in the will and in the trust that mentions a specific reasons why the parties have been disinherited? If so, then those disinherited parties are not likely to win if they decide to contest.

DANDY DON IN OKLAHOMA ([email protected])
 

Dandy Don

Senior Member
In order to prevent brother from contesting the trust, mother needs to have it reviewed by an attorney and she should also include a clause in there that specifically mentions the reason she is disinheriting him and should leave him a nominal amount (such as $1 or $5) to show specific cause that it is her specific intent to disinherit him so that he will have no legal grounds to contest the trust.

DANDY DON IN OKLAHOMA ([email protected])
 

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