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Father died. left my brother as executor and he also had p.o.a. dads lawyer says no reading of will up to brother to decide

Mansfield, OH |

what to do with assets

Attorney Answers 3


He doesn't have to have a formal reading of the will but he has to file it in probate and you must be notified. You then may see the will because it is public record. I don't know about your county but here, you can pull it up online. I'm sorry for your loss and good luck to you. By the way, the POA isn't worth anything since your father has died. The POA dies with the person.

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There may not be an official reading, but if there is a valid will, your brother will have to open probate and give you notice of the proceedings. If you do not receive a copy of the will with the notice, you can view it at the court where the probate is filed. If things do not seem right to you, consult with your own probate attorney.

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I agree with my colleagues. I would simply add that normally, it would not be "up to your brother to decide what to do with the assets." He is obligated to follow the distribution plan set forth in the Will. Sometimes, discretion is given with regard to the personal items and household effects. That may be what the lawyer is suggesting to you. Once probate is open, you should receive a copy of the Will and an inventory of estate assets, fairly quickly. If this does not happen within a short time period, I would contact a lawyer to discuss this situation in more detail.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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