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M

maggiemac

Guest
From a legal viewpoint, is the executor of the estate obligated to furnish a copy of the will to anyone i.e. children estranged from parents, persons not mentioned in will etc. if requested.

Estate probated in West Virginia. Thanks!

Maggie
 


A

advisor10

Guest
AUG 13, 2001

DEAR MAGGIEMAC:

If you know the city where the person died, check at the county courthouse (for that city) to see if the will has been filed yet. If it has, anyone can obtain a copy of it, since it is public record.
 
M

maggiemac

Guest
Thanks

Dear Advisor: I realize that once the will is probated, it does become "public" but in the meantime is the executor under any LEGAL obligation to provide a copy of the will to, let's say the estranged adult child of the deceased just because they asked to read it? Needless to say the person requesting is not in the will.
Many thanks!
 
A

advisor10

Guest
AUG. 14, 2001

DEAR MAGGIEMAC:

Since I am not familiar with West Virginia law, you would need to speak with a West Virginia probate attorney about this aspect (a first consultation is usually free or very inexpensive), or you could go to the library to look up the West Virginia laws or post this same question on the www.lawguru.com website where it is more likely that a West Virginia law attorney would see your question and respond.

Normally, an adult child of the deceased could reasonably expect to probably be a beneficiary and therefore could at least ask to see a copy of the will. But your comment, "Needless to say, the person requesting is not in the will" is confusing. If this adult child knows he is not in the will, why would he be interested in seeing it--just for curiosity to see what the other heirs are getting? If he is not benefitting as an heir, he could just wait to see the will at the courthouse--and just to clarify, the will is available whenever it is filed before the probate procedures begin, it is not just available after the probate process is finished.
 
M

maggiemac

Guest
I'm not trying to be contradictory

Dear Advisor, I know my last posting is confusing. To cut to the chase, the daughter is a 55 year old neurotic women with a history of drug abuse who has tried in the past to bleed her father for money over the phone. She did not visit him while he was dying nor attend the funeral. She has not physically seen him in over 20 years. She is mentioned in the will only in the respect that her father stated that "for reasons satisfactory to myself, XX takes nothing..."

The daughter's sole reason in asking to see the will is just to cause trouble. Fortunately all assets were held in joint tenancy. He and his wife lived simply on social security and pension. There is no "estate" i.e. "$$$$." We would rather not deal with her period, but do not want to break the law.
As always, thanks for your help!
 

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