My sister won’t let me see mom’s will. What do I do?
Dear Penny,
My sister, the executor of our mother’s will, refuses to allow me to see a copy of the will. I have checked the counties around here through their probate offices and no one has it. What do I do?
— In the Dark
Dana Miranda is a Certified Educator in Personal Finance® and contributor to The Penny Hoarder. Send your tricky money questions to AskPenny@thepennyhoarder.com. [ The Penny Hoarder ]
Dear In the Dark,
While inheritance is obviously a financial concern, the details around it are handled in the legal sphere. This question gets into your legal rights around the will that go beyond my expertise, so I reached out to Kimberly A. Hegwood, owner and managing attorney at Your Legacy Legal Care, a Texas-based estate planning and probate law firm.
Hegwood explained a will won’t be in the public record until it’s gone through the probate process, a legal review. Probate is a court proceeding, so everything submitted in that process, including the will, is part of a public record anyone can view.
Because your mother’s will isn’t public record yet, Hegwood says instead you can file a request called a Motion to Present the Will to require your sister to show it to you.
She adds: “The executor of someone’s estate must act within the best interest of not only the estate of the deceased, but the beneficiaries as well.”
That means, if you’re listed as a beneficiary in the will, your sister as the executor is required to ensure you receive your inheritance.
There’s also the possibility that there is no will. If you’re not sure a will exists, Hegwood says, you could probate without one after your mother’s death. This would involve a court proceeding where an administrator is assigned to oversee the estate and distribute assets based on your state’s laws and any of your mother’s wishes you can provide evidence for.
• • •
Dana Miranda is a Certified Educator in Personal Finance® and contributor to The Penny Hoarder. Send your tricky money questions to AskPenny@thepennyhoarder.com.
