Are all children of deceased entitled to copy of Last Will?

Question

I have not spoken to my sister, who is the executor of my mother's will, for almost a year. My mother passed away last month, but I have not received a copy of her will or a list of her assets and their value. As far as I know, I am named in the will, but there's always the chance that my sister convinced her to disinherit me. Is there a formal, legal way to request a copy of the will? If I am not named in the will, am I entitled to a copy anyways?

I'm in Florida, my mom passed away in Arizona

Answer 1

A personal representative should provide a copy of the will to all people who are beneficiaries of the will. In many states, it is required. The first step is to ask her for a copy, which she would gladly provide to you. If there is an attorney involved with the estate, he or she could also provide a copy. If there is no response, you may contact the Register of Wills of the county where the will was probated who will provide you a copy for a reasonable copying charge.

If you are a beneficiary, you should receive a copy of any estate inventory which is filed. This lists the property held by the estate. Often inventories are not filed until as long as a year or later. You have the right, at least in Pennsylvania, to compel the personal representative to file an inventory.

You have the right to have an accounting from the personal representative. An accounting should include all receipts (including an inventory of assets in the estate together with their appraised value), disbursements (debts and administration expenses), income from interest or dividends, gains and losses on sale of assets (like stocks and bonds), any distributions, and a schedule of proposed distrbutions if no distributions had been made. You can compel the Court to require the personal representative to file an accounting for audit and adjudication by the Court.

It seems like your next question will be one of whether there may be the possiblility of a Will Contest. These are often difficult to prove and are based on reasons found in your state's statute. They always require the services of a lawyer, and they are expensive. Consult with an attorney if you want to go there.

Answer 2

Wills have to go through probate. All filings in a Probate court are public. ANYONE is entitled to a copy. Call the clerk of the court in the county of residence of the deceased. You better get on this. There are statutes of limitations depending on the state.

Answer 3

What state are you in?

Answer 4

yes