Full question:
My widowed mother had recently been diagnosed with slow memory loss requiring rx. at the same time my sister (executor of the will) has slowly moved her adult children, her new boyfriend and herself into my mothers house. just recently my mother stated to my brother that the will had to be updated and or changed and my sister had done so with her but she dosent remember what was done. recently my brother and i have good reason to believe my sister is being deceitful in other aspects causing alarmmy question is do i legally have the right to obtain copies of the will?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: New Jersey
Answer:
Adults are presumed to have the capacity to make a will. If there are concerns about a person's mental capacity, it may lead to legal challenges regarding the validity of a will. To contest a will, one must show that the testator lacked the mental capacity to understand their actions when creating the will.
Typically, a lawyer may record the will execution to ensure the testator understands their property and relationships, which helps establish testamentary capacity.
To see a copy of the will while your mother is alive, she must give you permission. After her passing, the will usually becomes available once it is probated. If there are suspicions that an executor is misusing their authority, interested heirs can petition the probate court for a review and accounting.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.