Q: How can I get someone to show the will they claim was written after the one I have in my files
I am executor on my uncles estate and am named in the will. He recently passed away and his wife called to say I am no longer the executor of his estate and he left everything to her. He never told me this information and I have his will. I will not contest the will if this is true but she won't show me the updated will. How do I get her to send me a copy? I live in Montana (where he lived when he made me executor) but he died in Mesa Arizona (where she made him move to). He left his house to me in the will and only his name is on the house. She did not help purchase the house. But now she claims he left it to her. This was not the first marriage for either of them. They came into this marriage with separate money and kept it separated. She left hers in a trust to her kids. He left his house to us. She was suppose to have his body sent to montana (he has a plot bought here) to be buried but instead she had him cremated and we have no idea where my uncle is now.
A: You can attempt to determine if an attorney helped draft the new will and possibly get a copy from the attorney. Alternatively, you can file your will with the court, open probate, and provide notice to the wife. If she has a newer will, she will have the chance to bring it forward to the court and to override the older will. Otherwise, your will will stand.
A: You might also check the county recorder's office records to see if there has been a non-probate transfer of the home. If this has happened, there might be no need for the surviving spouse to probate the will she claims to have.
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