Riverdale, MD asked in Probate for Maryland

Q: Can I get a copy of my grandmother's will without having to ask my dad or aunts/uncle?

My grandmother passed. She informed that a certain person wasnt getting anything. Everything that person was getting is going to me. I was just informed that supposedly her will can not be found and because of that, I'm getting nothing. My uncle has assured me that he "got me". Now my uncle and I know there is a will but we cant find it.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If you can identify the lawyer your grandmother would have used to draft the will, you might be able to obtain a copy. A copy is not sufficient on its own--there will need to be a court hearing to determine both that the original of that will is lost, and that no new will was signed to take its place. You can also check the Register of Wills (when it reopens) for the county your grandmother resided in to see if she filed it there for safekeeping. Most people do not store their wills this way while they are alive, but some do, and it is worth checking. Ordinarily, when an estate is opened and there is a will, then the will must be filed and it becomes publicly accessible, but you say this did not happen. Therefore, there are four possibilities: (1) the will exists, but you just haven't looked everywhere your grandmother may have stored it (at home, in a safety deposit box at a bank, at her lawyer's office, at the Register of Wills, etc.); (2) the will never existed; (3) the will existed but she destroyed it; (4) somebody took the will and hid or destroyed it. If you suspect #4 is a possibility, then the obvious suspect would seem to be the person she cut out of the will, or whomever would stand to gain from the absence of the will (so, look at the persons who would receive her estate when there is no will: her living children, since I assume her husband is not living and she has at least one son--your uncle). Without at least a copy of the will, you will have a difficult time with filing any petition or claim against the estate to secure your supposed inheritance. Repeating verbal comments your grandmother told you during her lifetime will not be sufficient to prove your right to inherit or to disinherit someone with greater legal right to inherit under the law.

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