Q: I have to get the original copy of the will which my sister has. The problem is, she won't give it to me, what do i do ?
My Mom died and in her will, she left me her house. The will was finalized in court last year and the attorney sent me the title to my mom's house. I did all the repairs and put the house up for sale and on July 1, 2016 i found a buyer. After several weeks i was notified there was a problem with the title. My sister, the executor of the will & whom i have a bad relationship with, was faxed some papers she had to sign and after 2 weeks, she finally faxed the papers back to our attorney. 3 weeks ago I was told I still can't sell the house because I have to get the original copy of the will which my sister has in her possession. My sister was notified and i have been trying to set up a time/date to pick up the original will but she refuses to cooperate, making up excuses. I don't know why all these mistakes in the title were found now and not dealt with when the attorney sent me the title. What guarantee do i have that she will EVER give me the original ? And she can't fax it.
A: The original Will is needed for probate. However, a copy of the Will can be probated. I'm not sure why the Title Company would want an original, especially if there was a probate (as the court would have the original). The Title Company would need the executor's signature on a deed transferring the property to you (which should have been done already).
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