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Executor witholding Will

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mushroom51

Junior Member
What is the name of your state (only U.S. law)? Colorado...

A friend of mine has recently had both parents pass away. They were moderately wealthy. There is bad blood between the survivors and the executor - who is a very sucessful real estate broker is withholding the details of the will from my friend - who is impoverished and cannot afford legal counsel. He needs to know what options he has to compel the executor to reveal and adhere to the terms of the will.
 


adjusterjack

Senior Member
He can check the probate court to see if probate has been opened. If the parents died separately there should be two case files and he can get copies of both files which are likely to have the wills in them.

If probate has not been opened he can open probate under intestacy and seek to be appointed representative of the estate. That usually serves to get the executor to file the will with the court.

If he can't figure out how to do that from online and court resources, and can't afford an attorney, then he is at the mercy of the executor and all he can do is wait and monitor the court files.

Probate of a "moderately wealthy" decedent could take a year or two so he shouldn't be counting on any money any time soon even if the estate is properly handled.
 

mushroom51

Junior Member
Thank you for your response. I have forwarded it in entirety to my friend. Very appreciative of your suggestions and knowledge.
 

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