As the disabled and sole surviving child of my mother, do I have any right to see her Will?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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