English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

How do I get a copy of the will fast? I am her only grandson and know I'm in it. I feel something fishy is going on and I am not being told. I know its still in Probate court. Its been 5 months so far.

2007-08-05 10:50:00 · 3 answers · asked by chinesechickenbauk 1 in Politics & Government Law & Ethics

I am 20 years old, and I know I am in the will since she told me when she made it. When would the final reading be? How do I contest it?

2007-08-05 11:11:58 · update #1

3 answers

if it has been filed with probate, it is a public document and you can get a copy from the probate court

2007-08-05 13:10:27 · answer #1 · answered by Anonymous · 0 0

Just because you are her only grandson does not mean you are in it. Unless you were an executor of the estate or your parents have a copy you have no legal right to one. You will have to wait for the reading of the will and then, if you truly feel something is amiss, you'll need to hire an attorney. He will then check into her attorney's filing practice as to when the last will was written, her mental state at the time, etc.

edit - here is some further information for you:
What if someone challenges my will after I die?

Very few wills are ever challenged in court. When they are, it's usually by a close relative who feels somehow cheated out of his or her rightful share of the deceased person's property.

Generally speaking, only spouses are legally entitled to a share of your property. Your children aren't entitled to anything unless it appears that you unintentionally overlooked them in your will.

To get an entire will invalidated, someone must go to court and prove that it suffers from a fatal flaw: the signature was forged, you weren't of sound mind when you made the will or you were unduly influenced by someone

Look up your state probate court with Google to get an idea of when you can expect the will to finish in probate.

If I find any additional information I'll post it.

2007-08-05 18:02:58 · answer #2 · answered by thearizonapenguin 4 · 0 0

In the state in which I live [Pennsylvania] the executor or administrator of an estate is required to notify you after the will is probated if you have a beneficial interest in the estate. They will either provide you with a copy or tell you where you can get a copy from a public office for a reasonable fee.

Assuming that you do not live in a state or province which has that requirement, it is up to you to get a copy for yourself. My first step in getting a copy of grandma's will would be to ask the personal representative (executor or administrator) for a copy. If he or she is too busy to get one for me, I would then ask for a copy from the attorney for the estate, if there is an attorney for the estate.

If that does not yield results, I would then contact the probate court [in some jurisdictions it is known as the orphans' court, surrogate's court, or chancery court] to get a copy of it. It is an official public record, and you can get a copy either faxed or mailed to you for a reasonable fee.

It is possible that your grandmother made promises to you but did not include you in her will. That in and of itself is not grounds for a will contest. You must check the laws of your jurisdiction to see what the grounds for a will contest may be and the time frame within which a will contest must be filed.

I would recommend you seek legal counsel if you are serious about contesting your grandmother's will. You will find it to be a time-consuming and expensive process. Good luck.

Oh, yes, by the way, it is rare that distributions from an estate are made prior to the filing of state inheritance tax or federal estate tax returns. Unfortunately some people think they should receive their bequest within 24 hours after the death of a decedent. It does not work that way. Be patient.

2007-08-05 21:00:31 · answer #3 · answered by Mark 7 · 0 0

fedest.com, questions and answers