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anyone had to take a sibling to court to get a copy of a
Posted: Dec 12, 2014
I'm in that situation now. There were three beneficiaries and now that the oldest sibling has kept the entire estate, I want a copy of the will, but she will not acknowledge my request. So that leaves me with having to ask a judge to order her to give me a copy. In my state, the law allows that any beneficiary of a will be given the opportunity to review it if the beneficiary asks to do do for up to five years after the death of the person who left a will. My sibling did not probate it, but anyone can probate a will, it does not have to be the executor. Even if I decide not to do anything with it other than read it in the comfort of my own home, I want a copy of my mother's will.
Anyone have experience in having done this?
;
Didn't go to court - but
[ In Reply To ..]had to hire a lawyer.
Here's what happened. In-laws passed away within 5 weeks of each other. Executor of estate was lawyer daughter who put entire estate in her own personal account to collect interest and qualify for a house. Sharp brother-in-law caught on to what she was doing and called her on it. She calls my hubby with a sob story that BIL was bullying her. Later on, we found out he was right all along with many other shady things she was doing with the estate, rental properties, etc. She even charged the estate when she went to pick out their headstones.
In the end and after 2 years and getting a lawyer, we got it straightened out and she had to distribute evenly among the siblings and do exactly what was in the will.
However, we haven't spoken to her since then, about 13 years ago. Hubby just can't bring himself to be nice to her. It was especially bad given the circumstances of losing both parents unexpectedly within 5 weeks of each other.
It's amazing what money will do to people, people you thought you knew. Hope you get it worked out.
anyone have to take a sibling to court to get a copy of a parent's will - sugar
[ In Reply To ..]In my state the will has to be filed within 30 days of death and that will then becomes public record (available at the county clerk's office)to ANYBODY.
my state is different - parent's will
[ In Reply To ..]It can be probated up to five years after the death, not necessarily by the executor, either. Anyone can probate it. The problem is that my sibling sold all the real property (the sibling had a POA from my mother), so that means no will NEEDS to be probated, so she didn't. She sold the house that was willed to me at the 4-1/2 month mark into a 6-month hospice certification and has kept all the proceeds from that sale. Also, state law allows that estate property can only be sold to pay for estate debt. There was no estate debt. My sibling began seeing how many South American countries she could visit after the sale of the house, though. My mom held on for 23 months under hospice care, but her Social Security and Navy widow benefits created a surplus savings account that this sibling was to have shared with our other sibling, also not done. At this point, I just want a copy of the will and can decide after that how far I want to take things. My other sibling wants nothing to do with the first sibling, so I am on my own. If nothing else, I can have documentation to show my child why I cuff off contact with my sibling if that is what I decide to do.
Nobody had to go to court when my Dad passed. sm - Probate
[ In Reply To ..]My Dad passed without a will. There was no real estate involved, only bank funds. Accounts were in my name, as well. Dad had told me previously that when the time came to divide it equally among the 3 of us after paying for funeral and any other bills he had, which is what I did.
My brother even said that his banker told them I was within my rights to keep all the money since probate named me as executor and accounts were in my name. Now, how could I have ever done that and live with myself? No way.
How people can have such disrespect for a parent's wishes and for their siblings is beyond me. Shame on them.
Siblings and beneficiaries - see below
[ In Reply To ..]You should put the request in writing to your sibling and then send it registered mail with return receipt. Everyone that is a beneficiary should get a copy. My brother who was executor kept the estate as well. If that doesn't work contact an attorney with the proof that a letter was sent.
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