My husband's father passed away when my husband was 13. His father left property to my husband and his brothers, but his mother had been in charge of the estate until now. My husband has never seen the Will. Does my husband have a right to request a copy of his father's Will?
The estate was left to the kids and it stated that the mother was in charge of it until she was no longer able. That is a fact. She is now in a nursing home and my husbands brother is acting as power of attorney and plans to divide the estate in the Fall. Since my husband was only 13 when his father passed, he has never seen the Will and does not know what the exact wording is and therefore does not fully know his rights?
Yes, he can request it. He should ask his mother about it. Chances are everything went to her and after she dies the children will inherit.
ABSOLUTELY!!! I am surprised that he doesn't already know the details of the will. Now it could be that your father in law left the estate to his wife, and then the remainder will pass to his children upon her death. Even so, it would be nice for her to share that information with them. I would suggest that your husband and the other siblings get together and just ask their Mother kindly if she would allow them to see a copy of the will.
Yes.
Usually, there is a will reading... to those who are inheriting something from the deceased... and the person/Attorney/Executor in charge of the will per the deceased's instructions and state laws, notifies the person(s) of their inheritance etc.
Here is some info. But check to see what the laws are in your state:
http://www.avvo.com/legal-answers/do-children-of-the-dece...
Your husband certainly has a right to ask for a copy of the will. If the will was probated, it is public record and he can get a copy from the Probate Office in the county and state in which it was probated. The cost is based on the number of pages and usually it is a minimal charge. He should not let this go and should not go into anything without knowing what the will stated. He also has a right to ask for an accounting of all expenses/income that the estate has generated. If he is duly named, he has certain rights....get a copy of the will!!
If I may ask, did your husband ask his brother for a copy of the will? Did he refuse to give it to him? Has the brother been assigned the power of attorney in the will or by the mother, or did he just assume the role? The only way the brother can have acting powers is if such power was delegated to him in the will itself, or if your husband's mother appointed him to be in charge of all her matters (which would include attending to the estate). This should all be in writing. In any case, your husband has a right to see the will at his wish, as one of the heirs of the father's estate, and should definitely request a copy. This is regardless of whether he is to actually receive anything from the estate. If the brother refuses to give him a copy, go see a lawyer or you can petition the court yourself for a court order against the brother. Do you know when are the assets to be distributed? Is it when the sons attained a certain age, or upon the death of the mother? If the will indicated something like "the wife is to inherit everything, then the assets to be divided among the sons on the wife's death" then you'll have no right to any of the assets until mom dies (unless you decide to challenge the will). But if the will says "wife to hold property in trust for the sons until the sons attain the age 25" or something like that, then you may be entitled to something now (depending on your husband's age obviously). In either case, you are entitled to have a copy of the will.
I hope I didn't confuse you, let me know if you have questions.
Yes, he should contact the attorney/executor that handled the will and ask them for a copy. In most states the estate automatically goes to the surviving spouse and the will doesn't get executed until after both spouses have passed.
Wills are public information. He can get a copy from the courthouse in the probate file section.
It would be easier to just ask his mother or if she doesn't have a copy readily handy to ask her the name of the executor and get a copy from him.
But it should have been probated and would be on file in Probate Court.
Later: People can divide their property any way that they want to. Yes, many do leave every thing to their spouse when their children are minors. But they can also make other provisions such as stating that once a child reaches a certain age they are to receive certain money or objects. Wills are individual matters and we shouldn't make assumptions. It is good that your husband wants to see a copy of his father's will.
That is up to his Mom since she is in charge of it.
every state is different but usually the wife get everything so you will have to wait till she goes althought she should have he affairs in order that might be a good angel to get his hands on it and take her to an estate planning lawyer
mY mother inlaw did not now we have inheritance taxes
Yes he should request a copy...
