Does a grown child have the right to a copy of their father’s Will?

UPDATED: Jan 23, 2014

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Does a grown child have the right to a copy of their father’s Will?

My youngest brother is the executor but my siblings and I know nothing about what is in the Will.

Asked on January 23, 2014 under Estate Planning, South Dakota


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your brother has a fiduciary responsibility (legal) to not waste the assets, to administer the estate and ensure all beneficiaries are given their bequests. Here is the issue: you don't know whether or not you and your siblings have been cut out of the will or have been given specific or general bequests. If your brother has refused to show you the will, the will needs to be probated. You can go to the court house and see the copy of the will. If you see it, are owed items or money from it or property, file a motion to remove him as executor.

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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