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Can family members request a copy of a will?

Lodi, CA |

Mother just put in rest home, declared incompetent.
Total of three children, which only two are alive. The eldest is in charge of the Mothers estate -
Eldest informed younger sibling not mentioned/named/included in the spliting of the estate.
Mother says the younger sibling was included. Estate to been separated in thirds
Eldest & spouse, youngest (divorced), deceased ( children get it)
So is it possible to see/request a copy and see if any changes were done
Done bg someone else





Eldest son in charge of estate, and

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Attorney answers 3

Posted

They can certainly request a copy, but they aren't entitled to see a copy of mother's will while mother is still alive. If she's declared incompetent, the siblings should contact an attorney, at least for a short free consultation. I work in your area, and would be happy to discuss this with you further.

If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.

Posted

You don't have the right to see someone's will just because you think that you might (or might not) be a beneficiary in it. Once she passes away, the will shall go through probate, and you will have the opportunity to review it, and, if you think it necessary, to contest it. You should consult with a probate attorney if this happens.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

Posted

A copy can be requested but does not need to be provided. If you believe someone has taken advantage of your mom, the only way to address that before she dies is through a conservatorship proceeding. That can be expensive, so you need to weigh the costs and benefits of initiating that process. You should meet with an Elder Law attorney to determine, what, if anything should be done.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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