My husband made a Will and put in the Safe deposit box. He told me that the Will was signed in front of two "friends", and that I am not to open the Will until he dies. He said the "Will" is sealed. He said, when he dies, I am to go to the safe deposit box and get it and get his two friends before I can open the Will.
Does this make sense?
I am his second wife and he does have a child with me. He also has 6 kids from his previous marriage.
I want to know:
1) Can the Will only be open in front of a laywer?
2) Why do I need his friends to be present when I open the Will?
3) Will I get in trouble if I open the Will without the lawyer when my husband dies?
I live in New York.
thank you.
2006-07-29 12:03:05 · 4 answers · asked by dcjunk 1 in Politics & Government ➔ Law & Ethics
The will will go through probate anyway. If he wrote something into it that's illegal, then probate will adjust it. For example, if he said that all his money goes to one child and must be inherited to that child's child and you contest it, then it will be stricken. If he leaves debt, then probate will make sure that creditors get paid, etc etc.
If I were in your shoes, I'd worry less about the will, but I'd ask that my child's and my future be secured by means of a life insurance policy... and make sure the premiums get paid. It's tax exempt and bypasses probate. That way, nobody can contest it and you can be sure to get the proceeds.
2006-07-29 12:20:08 · answer #1 · answered by scubalady01 5 · 0⤊ 0⤋
I would make an appointment with a good attorney who handles estates. Don't tell your husband you have this appointment. Discuss what you said here. Sounds to me like you have a real problem on your hands here with this guy. You are his wife and if he is hiding something (which he obviously is) it could mean financial ruin for you. Who are these two "friends"? Why can't you know what is in the will? Do you have access to this safety deposit box? If you are a signer on the box, the contents are deemed your legal property too, verify that with the attorney, giving you the right to open whatever is in there. Protect yourself honey, he sounds like one of those little guys that slithers under rocks.
2006-07-29 19:46:33 · answer #2 · answered by MadforMAC 7 · 0⤊ 0⤋
You have to respect your husband's wishes where his will is concerned. It is obvious he wants it private until his death, so you should leave it that way. If you don't agree with what the will states, you can always contest it. No matter what your motivations are for wanting to look at the will, you could adversely affect the will by making your husband angry. It could lead him to cut you out of the will. Be careful what ever you do. And remember, he isn't dead yet. There is still plenty of time to talk him into letting you see it or tell you what's in it.
2006-07-29 21:34:24 · answer #3 · answered by Mary J 4 · 0⤊ 0⤋
question one: the only way you can open the will is if he gives consent or after he dies and a lawyer is present to read off his estate question two: you have to have witnesses in the signing of the will quesiotn three: its against the law...a will is a government document that has been notarized and unless youve been authorized to view it you could be in ALOT of trouble
2006-07-29 19:08:00 · answer #4 · answered by worldsbesthighfiver 3 · 0⤊ 0⤋