How can I get a copy of my grandmother’s Will if the executor is not cooperating?
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How can I get a copy of my grandmother’s Will if the executor is not cooperating?
I am one of the beneficiaries. The executor is giving us a hard time and will not give us a copy of the Will almost a year after death.
Asked on November 8, 2018 under Estate Planning, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
At this point, the Will should have been filed. If so, then it is now a matter of public record which means that either you or anyone else has the legal right to get a copy of it from the probate court. If it has not yet been filed, then you still have the legal right to see the Will as you are a listed benefciary. It is the executor's duty to give it to you. If the executor won't cooperate, then you may make a formal request to the probate court that you should be allowed to view the Will. Further, you may also have a cause of action to remove the executor for breach of their "fiduciary duty". Since this can all get a bit complicated, you should consult directly with a local probate attorney who can best advise you further.
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