Estate Law Questions? Ask an Estate Lawyer.
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You as a beneficiary should be able to request a copy of the will from the executor. Also when probate is opened, the will is filed with the court so you could also call the court clerk in the county that the estate is in probate and ascertain their process for requesting the will. At probate this becomes a public document and you should be able to request it. It also might be filed online on the court website. If you were specifically left the house in the will then the executor should not be selling that asset. The executor only has the power to do what the will instrument gives him. They cannot take anything from you that is specifically left to you although the estate must pay taxes and expenses and then distributions are made to the beneficiaries. If you are worried about your rights in this and you think you are due significant assets, I would hire a local wills and trusts attorney. You can go to martindale.com or lawyers.com and search for attorneys by specialty with reviews in your area and make a choice based off that. Probate can be very complicated and retaining an attorney can protect your rights greatly.
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