my stepfather will not let my mothers surviving children see the will or share in the taking care of the urn also my mother suffered from dementia my stepfather had her signing papers while on meds I believe he deliberately wrote us out the will my mother always told me she had left me enough to be comfortable the rest of my life
Has a probate been opened in your mother's estate? If you are certain your mother had a will, the executor is obligated to provide you a copy because you are an heir at law. You have that right whether or not you are a beneficiary. If your mother's estate has not been probated, as an interested party you can file a petition for probate. Consult an attorney for a full explanation of your rights and options.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
You can always file a probate and then request he produce the will. He may wind up as the executor, but at least you will have him in front of the Court and bound to behave by the law. You probably should talk to a lawyer and get his or her insight into this situation.
Every thing that I am saying here is my opinion and it is not based on any particular case. My response is just unsupported general information. If it helps you to resolve an issue that's great but do not rely on it as legal advice because it is not based on the facts in your case and it is not based on any specific legal research. Answering this question creates no relationship between the writer and reader of the writing. I am not your attorney now, nor have I been on the past. If you just want to comment please do that on AVVO where the price is $0.00. I do typically respond to all AVVO comments.
You are well served by discussing your detailed concerns with a local probate attorney. He or she can guide you through a series of questions/answers that will help you determine your best course of action.
This response is intended for informational purposes ONLY. It is not intended to be, and should not be construed as, legal advice to any person or in connection with any transaction. Always consult with an experienced attorney before engaging in any transaction that might involve the legal issues discussed herein.
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