What to do if an executor will not leta beneficiarysee the Will?
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What to do if an executor will not leta beneficiarysee the Will?
My great grandmother died 5 years ago. I was a minor than and am now 22. My grandmother (her executor) will not let me see the Will or Trust. She recently told me that she gave me $20,000 as provided in the Will, however, I responded that she never did. She then went quiet and changed the subject. Do I have any legal way to get the Will or Trust? Is there a time limit and have I become ineligible? Also, my grandfather died and I do not have a copy of his Will. Can I obtain these documents?
Asked on December 22, 2011 under Estate Planning, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your great grandmother passed away with a Will or trust naming you as one of the document's beneficiaries, the executor of the Will or the trust's trustee is obligated as a matter of law to let all beneficiaries have a copy of the Will or trust. The executor or trustee is in a fiduciary relationship and owes the highest duty of good faith and trust to all connected with the Will or trust.
If the Will was probated, you can go down to the local court house and pull the probate file. The Will will be there. You can then get a copy of it. A probate proceeding is a public process.
I would simply ask your grandmother to see the documents you seek. If she will not provide a copy of the Will, you can go to the court house as suggested. A trust is not a public document. You will have to go through the trustee for a copy or some other family member who has access to the trust.
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