Do I have a right to view my mothers will? 5 Answers as of April 14, 2011My mother passed away in October of 2010. My brother who was executive of attorney and is selling property that was supposed to go to me. I lived on the property for 26 years, do I have the right to see her will before he sells property?
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, you do have the right to see the Will. It i likely filed in the Surrogate's Court in the county in which she died. It is a public record and you have a right to go to the Surrogates Court and look at it yourself. You also have the right to Contest the Will or the Executor if you wish if you think something is being done that is wrong or harmful to the Estate. What you really need to do immediately is consult with an Estate Lawyer who knows how to deal with these type of matters. You may have a chance to retain the house, or not, depending upon the overall shape of the Estate and how much you are to share in the Estate, if at all. Good luck.
Answer Applies to: New York
Burnham & Associates | Stephanie K. Burnham
A Last Will and Testament is a public document. Anyone can view the Will. In the event the Executor is unwilling to show a copy (which is unusual) you should be able to review the entire file at the Probate Court by asking the Clerk.
Answer Applies to: New Hampshire