Q: My Parents have a will and estate I represent. My fathers alive. Is anyone even a brothers attorney entitled to them now
My parents made me the youngest of 3 children their guardian and estate executor of all their assets. This was done to make sure all matters go well, and as they wish when they both pass away, Mom has passed and dad is currently in a memory care at 87 years old. I am now being approached by my brother who I personally never bother with (20 years) for various personal reasons that my parents also must have had. He is starting to stir up others i believe to get money. He is now asking for copies of my parents estate papers and their wills to be sent to his attorney's office before they even passed away. Not knowing his true intentions can any harm come to my parents wishes in their legally prepared estate papers and their wills. Can my brothers attorney and brother cause any harm or changes. Would or should I even entertain this request?
A:
You are not required to share those documents with your brother or any other person until you need to go to court to execute their estate plans. I would not share them as they are private documents that your parents entrusted to you until they are needed.
Good luck!
Bruce Alexander Minnick agrees with this answer
A:
First, if your mother had died you should file a probate petition in court. Your brother can then access the will because it has to be filed with the petition.
You are not obligated to supply your brother a copy of your father's will while your father is still alive; unless of course your brother obtains a court order that you disclose it.
Bruce Alexander Minnick agrees with this answer
A: To answer the concern I hear: YES, your older brother can--and probably will--try to make trouble for you. If he says he is going to send the private estate stuff to his attorney--believe him. Hire a good experienced lawyer to help you carry out the intentions of your parents.
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