Am I entitled legally to view my parents’ Will?
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Am I entitled legally to view my parents’ Will?
My younger sister is the executrix but we do not speak. Both my parents passed
within the last year. How can I find out if my children or myself were left anything.
I’m sure the Will won’t go into probate.
Asked on February 22, 2017 under Estate Planning, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Whether or not you think that the Will will be entered into probate, you should still check with the proper probate court (i.e. the one in the county in which your parents' were domiciled at the time of thier deaths). If it has in fact been filed for probate, it is now a matter of public record and anyone has the right to get a copy. Otherwise you are an "interested party". This means that, if there was no Will you would be entitled to inherit as one of your parents' heirs, therefore you are entitled to view the Will to make sure that one exisits. That having been said, it is possible that you are not named in the Will and disinherited. Otherwise, if there is a Will and you were listed as a beneficiary, the executor should have contacted you to inform you of your inheritance. At this point, you should discuss your situation direclty with a local probate attorney; they can best advise you further.
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