Florence, AZ asked in Estate Planning for Arizona

Q: My sister has our fathers will but won't send me a copy how can I get the wI'll or a copy

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: If your father is alive you cannot. Only he has a right to it during his lifetime.

If your father has passed, you will need to consult with an attorney in the state where he lived at the time of his passing. Each state has different rules about when wills need to be turned over to probate, and how that process works, but push comes to shove AT SOME POINT you will be able to file an action with the Court to begin the probate process and force your sister to release the will.

That is the 'nuclear option' and most expensive way to proceed, and depending on what is at stake, it may cost more than you are likely to recover, so you should consult with someone to see if there isn't a better way to proceed but that is the 'worst case' situation. Good luck.

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