Died with a Will

[Montana751]

My uncle died 2 weeks ago and left my mother, as far as I know in charge of his will (the executor). My mother has no contact with anyone in the family, in fact she did not even tell anyone he died. I found out when I called and his phone was disconnected (I just talked to him 3 weeks ago).

The reason my mother did not tell anyone is because she will take all of his money & belongings (she's done this in the past with other family members) and is afraid she won't get as much money for herself, that she'd have to share. And the things she deems "not worth much" will give away to strangers, when these items mean something to other family members.

I know I and some other family members are in his will. But due to the situation with my mother, I will never find out what it said.

How can I get a copy without asking my mother for it?

 

[advisor10]

2-15-2002

DEAR MONTANA:

Normally, it is a requirement that the will should be filed within 30 days after the person's death. Check at the county courthouse to see if she has filed the will there yet at the probate court. If she has filed it, you can get a copy.

However, you must understand that she is grieving and may not want to deal with the work involved of handling estate affairs right now. You just may have to be patient for about 60 days. If she wants to get legal access to the money and the other assets, she will eventually have to (or, legally, she SHOULD) have an estate opened by filing the will with the courthouse, in which case there should be a notice published in the local daily newspaper or legal newspaper of when the first probate hearing will be held about the will.

If it turns out she is deliberately withholding the filing of the will in order to prevent other persons from getting what is rightfully theirs, then one of those persons will have to get an attorney and have the attorney file a motion with the court to FORCE her to produce the will for probate court and get the process started.

You also need to check with a local probate attorney to find out what your state probate law is--in most states, a potential heir or family member does have the right to request a copy of the will, preferably by certified letter so that you can prove you made the request.

SINCERELY,

advisor

 

[prideluv]

what if she lies

Had a similar problem several years ago. We had certified and witnessed copies of the will, but the "wife" just told her lawyer that he tore it up before he died. End of story. No judge even questioned it and told us our clerk certified copies were not worth anything. She got the entire estate.