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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
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Experience:  Since 1983
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I need to view a copy of my Mothers Will.

Customer Question

I need to locate & view my Mother's Will simply to see if I'm a beneficiary. Not surprisingly, my punk half-brother (the Executor) is not co-operating with me to resolve this matter and, I believe, aims to completely exclude me from any inheritance.
Submitted: 5 years ago.
Category: Estate Law
Expert:  Daniel Solutions replied 5 years ago.
Unfortunately only your Mother and the Executor of the will can have access to the will. Once your mother passes the will shall be probated and you can obtain access to a copy at that point through the probate court. The only way to obtain a copy of the will prior to your mother's death would be to file a petition in court such as Guardianship/Conservatorship alleging your mother is not of sound mind if that is the case and you believe your half-brother has manipulated her. If you're appointed then you would be able to view the will and make any further claims to have a court remove him as executor.
Customer: replied 5 years ago.
My Mother, as already noted, passed away 1/1/09.
Customer: replied 5 years ago.
The lawyer believes my Mother is still alive. As already noted, she passed away 1/1/09.
Customer: replied 5 years ago.
Hey yo....what's there to reply about? The lawyer is answering me on the mistaken belief that she is still alive. SHE PASSED AWAY 1/1/09.
Customer: replied 5 years ago.
See the above responses.
Expert:  Daniel Solutions replied 5 years ago.
You placed the fact that your passed under the "already tried section" this information was not provided to me when I first answered your question.
Expert:  Daniel Solutions replied 5 years ago.

The confidentiality agreement is no longer valid since your mother has passed. You can attempt to send a certified copy of the death certificate to the firm/paralegal in AZ to whom you spoke. If she refuses to give you a copy, which she can refuse, then your only recourse is to contact the probate court in AZ where your mother dies to see if the estate is still in probate as it should be and file a claim to ascertain your rights/inheritance.

Customer: replied 5 years ago.
Attorney missed the fact that she was ALREADY DEAD.
Expert:  N Cal Attorney replied 5 years ago.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/02516.htm&Title=14&DocType=ARS has the Arizona statute:

14-2516. Custodian of will; duties; liability

A. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if none is known, to an appropriate court.

B. A person who wilfully fails to deliver a will as required by this section is liable to any person aggrieved for any damages caused by this failure.

C. A person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

 

As her child, you are an interested person and have a right to get a copy of the will.

 

I hope this information is helpful.

N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8234
Experience: Since 1983
N Cal Attorney and other Estate Law Specialists are ready to help you

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