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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37862
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I have a cousin who died a little more than a month ago. Her stepmother grabbed the will

Customer Question

I have a cousin who died a little more than a month ago. Her stepmother grabbed the will before my cousin passed and announced that she was the executor to the estate. She refuses to show the will to any other family member. What is the rest of the families rights to seeing the will. Unfortunately, the stepmother has gotten a lawyer of her own. My cousin did not like her stepmother and she would be unhappy with these events.
What can the family do?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..The will isn't legally enforceable until it is admitted to probate and the named executor is formally appointed by a probate court judge..So if you wanted to force the issue, any family member can file a probate petition to be appointed Administrator and then when they are before the judge, inform him that the stepmother is in possession of the will. The judge can then issue an order to her to appear and present the will for admission to probate. At that time, whoever is executor would take over the administration of the estate...thanksBarrister