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 10 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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