If my name appears in a Will left by my grandparents, does this give me the right to see the Will?
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If my name appears in a Will left by my grandparents, does this give me the right to see the Will?
When I was 12 years-old, my grandparents passed away. At 20 years-old I went to my grandparent’s lawyer to see the Will. I was told that I couldn’t see the it without the permission of my uncle and mother. They both denied me the right to see it. It has been 10 years since and I am curious, can they hold the Will from me if my name is in it?
Asked on January 16, 2011 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A beneficiary has the right to view a copy of a Will under which they have received a gift. Additionally, after so long a time since your grandparents death, the Will has been probated. That being the case, the Will is now a matter of public record and can be seen by any one, whether or not they are listed as a beneficiary in it. What you need to do is go to the probate court in the county in which she was domiciled as of the date of her death. For a small fee, you can request a copy of her Will.
Note: If the legal document in question is not a Will but a trust then the above is not applicable. Beneficiaries of irrevocable trusts may request a copy from the trustee. However, the grantor of a revocable living trust does not have to provide anybody with a copy.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A beneficiary has the right to view a copy of a Will under which they have received a gift. Additionally, after so long a time since your grandparents' death, the Will has been probated. That being the case, the Will is now a matter of public record and can be seen by any one, whether or not they are listed as a beneficiary in it. What you need to do is go to the probate court in the county in which she was domiciled as of the date of her death. For a small fee, you can request a copy of her Will.
Note: If the legal document in question is not a Will but a trust then the above is not applicable. Beneficiaries of irrevocable trusts may request a copy from the trustee. However, the grantor of a revocable living trust does not have to provide anybody with a copy.
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