As the disabled and sole surviving child of my mother, do I have any right to see her Will?

UPDATED: May 24, 2011

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As the disabled and sole surviving child of my mother, do I have any right to see her Will?

My mother has granted POA to my Uncle, who claims that I have no right to see the Will.

Asked on May 24, 2011 under Estate Planning, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can ask your mother if you can see her Will. If she declines then you will have to wait to see it. If you are listed as a beneficiary you will be notified of such by the executor and informed as to the contents of her Will; if you are not a designated beneficiary you can see a copy once its filed with the probate court; at that point it is a matter of public record and can be viewed by anyone.

However, if you feel that your mother is being unduly influenced (possibly by her POA, your uncle) I would speak with an attorney in your her area as to the matter and your rights as a child to bring an action to become conservator of your Mother and her estate.

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 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.

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