How can I legally see a will? 1 Answers as of March 04, 2011

My husbands Aunt had will in NY stating everything should be split three ways. Between him, his sister and his Mother (who is the executrix). The will never went to probate. His Mother gave the orginal will to his sister because the Aunt went to live with them in NJ for one year until her passing. First it was there is no money left. Then it came out that there was money but his sister and husband said we are not getting anything. Then we found out they spent everyting. And now his sister and her husband are going threw a very bitter devorice. We called the Surragate Court in NJ and no legal documents were draw up there. His sister has said she changed the will and then she said she never changed the will. My husband went to the lawyer who drew up the will and he will not show him it. And his sister & mother will not let us see it either. The lawyer keeps saying you better hope they did not distory the original will. What I do not understand is isn't this the reason the lawyer keeps a copy incase something happens to the original paper work. And how do we go about getting the will or seeing the will? Honestly the whole thing is really sad and disturbing to me that people can do these things to there own flesh and blood.

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Unfortunately, the lawyer was right. You better hope they don't destroy the Will. However, you're also right that you can prove a Will using a copy and two witnesses who saw it signed, etc. And destroying a Will is not done properly without having witnesses to the intentional destruction of it, so even if they destroy it, that is not the end of it. I suggest you speak to a specialist in Estates, Wills and Trusts who can follow through for you. You should also file for Letters of Administration which would give your husband the power to Subpoena the copy of the Will and depose witnesses, etc. Speak to an expert. You're right, its disappointing what money can do between people and how it can destroy families. Good luck.
Answer Applies to: New York
Replied: 3/4/2011
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