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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
