What to do if my father passed away earlier this year and his wife is withholding the Will from me?

UPDATED: Oct 29, 2014

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What to do if my father passed away earlier this year and his wife is withholding the Will from me?

have a certain amount of ownership in the condo that they owned and she still has some of my possessions and family heirlooms. I would like to sue her. Do you think that I should proceed?

Asked on October 29, 2014 under Estate Planning, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes. If she is the executrix, you need to find out if she is conducting self-dealing or abusing her role as executrix.  She has a fiduciary responsibility (legal) to all beneficiaries.  Since you are one, she is legally required to give you a copy of the will.  Go and file a claim against her. Before you do, go to the courthouse where the will is probated and buy a copy. It is your right to do so; it is a public document. 

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