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Can I compel my brother to produce my Dad's will and financial records?

Can I compel my brother to produce my Dad's will and financial records?

Q: What happens if a will is not filed with the court?

If a will is not filed with the court, it may not be considered valid for probate purposes. However, if you believe the will exists, you can petition the court to compel its production. The court may investigate to determine the will's validity and how to proceed with the estate settlement.

Full question:

My Dad passed in August, 2016. He lived with my brother from 1986 until going to a home for rehab in 2014. He had a heart attack, Nursing Home called ambulance & he went into the Hospital, and subsequently expired 2 days later. My Dad has a will, not filed With registrars of wills. I have requested a copy of will for 4 months now. Not produced. My brother & his wife are not registered as personal administrator(s). Do I have a legal remedy to make them produce not only his will, but an adjudication of his personal finances from 1986-2014. My Dad's pension & SS paid for his care last two years only. Prior to that he had his own account with funds. Thank you

Category: Wills and Estates
Subcategory: Finding a Will
Date: 04/07/2025
State: New Jersey

Answer:

If a will exists and is not produced voluntarily, you can file a petition in court to compel its production. The court can order that the will be provided. Regarding your father's finances from 1986 to 2014, it’s unclear if you have a legal claim. It’s advisable to consult with a local attorney for guidance on your specific situation.

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.

FAQs

What should I do if my brother refuses to show my dad's will?

If your brother refuses to show your dad's will, you can file a petition in probate court to compel its production. The court has the authority to order him to provide the will. It's important to gather any evidence that supports your claim that the will exists. Consulting with an attorney who specializes in probate law can help you navigate this process effectively.

Can I access my father's financial records after his death?

Accessing your father's financial records may be complicated, especially if he did not have a personal administrator. Generally, you may need to show a legitimate interest, such as being a beneficiary. If your brother is not cooperating, you may need to seek legal advice and potentially file a petition in court to obtain those records.

How can I contest a will if I believe it's not valid?

To contest a will, you must file a formal objection in probate court. Valid grounds for contesting a will include lack of testamentary capacity, undue influence, or improper execution. You will need to present evidence supporting your claim. Consulting with an attorney experienced in estate disputes is crucial for guidance through this process.