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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116165
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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IMy dad had 3 kids & passed away 3 yrs ago. s had 3 kids

Customer Question

IMy dad had 3 kids & passed away 3 yrs ago. His had 3 kids wife passed a month ago. Together they had a kid for a total of 7 benificiaries. When they first made out their will,, they had the 2 oldest from each family as executors but later changed it to 1 kid as executor (which happens to be her daughter) saying it would be easier for some reason (which raises suspicion to me) His wifes son has been living in 1 of the houses for at least 10 yrs. Dad & his wife lived in the other and my half brother lived in the inlaw cottage for 10 yrs..
My question is how do we the ones not listed as executors get a copy of the will or find out what it states. Also is this something I should be doing to protect my sister, brother and me? 1 more thing if it is to be equaly divided between all 7 kids can we make them sell the 2 properties if they dont want to purchase it themselves.
Thanks for any insight .
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The will needs to be filed in the probate court, which means you can get a copy in the probate clerk's court file. If they have not filed this will for probate yet, then any one of the beneficiaries can file a petition for probate in the probate court and force the executors to produce the will in court for everyone to review.
It is up to the executor regarding sale of the property. However, if the majority of the heirs want to sell the property they could motion the court to order a sale or to order the heirs who do not want to sell to pay off the share of those who want to sell. This would be a judgment for the probate court.
If you are not trusting the executor, then to protect yourself you should get your own probate attorney to represent your interests and force the executor to act and follow the will.