Q: What kind of permission do I need from the author of a will and testament in order to view it? The author is alive.
We are not sure if its a written permission, verbal permission, do we have to go in to view the will together? She is old and frail and can’t go out much and she want me to look at her will but we have know idea how to do that. She is very forgetful and Im not sure if she would remember giving us permission, so we want to do it legally and to where she doesn’t freak if she forgets and finds we have looked at her will.
A:
There is no specific permission or forms to complete. Verbal permission is sufficient. Perhaps one way is to have her tell the attorney that drafted it to show it to you.
Keep in mind that a Will does not convey any interest while she is alive and has no control over assets that pass pursuant to contract (bank payable on death accounts, some types of real estate interests, life insurance, etc.)
If she is competent, she may want to do some additional planning that avoids probate.
Aside from the Will it is important that powers of attorney and an advanced healthcare directive is in place.
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