Raleigh, NC asked in Elder Law and Estate Planning for Florida

Q: Does a child have the right to demand to see their parents' will prior to the death of the parents?

My mother has told me that she has included me in her will, but will only show the will to my sister. I fear that my sister has had my mother alter the will so that my sister will receive all of my mother's assets when she dies. It was my sister's lawyer who drew up the will. My sister currently has complete control over all of my mother's financial assets, and will not allow my mother to spend money on things my mother needs.

My mother has not been declared incompetent.

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1 Lawyer Answer
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
Answered
  • Estate Planning Lawyer
  • Aventura, FL
  • Licensed in Florida

A: You bring up several issues:

(1) Last Will: you do not have a right to force your mother, your sister, or your mother's lawyer to show you her will. However, your mother may choose to show you the will if she so chooses, so I would advise a conversation.

(2) Mother's Competency and Sister not buying things mom needs: you indicated mom was not "declared incompetent." But if she, in reality, is not able to make good decisions for herself and your Sister is not spending mom's money on things mom needs, a guardianship may be appropriate (you should consult with a local elder law attorney who handles guardianship matters). If mom is competent- she can still control how her money is spent (I.e. Signing a power of attorney is not a relinquishment of ones rights or ability to manage their own affairs).

Best of luck to you.

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