If my uncle was selected by my father and stepmother to be the executor of their estate, should my uncle have a copy of the Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my uncle was selected by my father and stepmother to be the executor of their estate, should my uncle have a copy of the Will?
Due to my stepmother now being in sole possession of all of my parents assets and valuables, and cutting off all communication with us shortly after my father’s passing, we are worried that she may change the Will;my father explicitly designated his half of their estate to be split equally between my siblings and I. He told this to us while still living. Our stepmother for only 2 yreas, has been staunchly against giving us any of our parents things. Because of this, we are worried that she will change the will since no one, not even my uncle, the executor, has a copy of it.
Asked on June 22, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Yes, the Will should be offered for probate by both of the named executors/ There are many complications here and questions that I have. First, is all the property separately or jointly held with your step mother? Jointly held property passsed to her automatically but separate property did not. She can not change the Will but if she tries then you would contest it being offered for probate. Speak with an attorney here because you may need to think about strategy and how to compel her to produce the Will or have your uncle proceed as if there were no Will in order to be appointed as the PR of the estate and have the power to act under the law. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.