Dallas, TX asked in Estate Planning and Probate for Oklahoma

Q: I have a question about getting a copy of my parents will when my brother will not let me see it.

My mom died in 2011, and my dad died just last week. My brother was named his POA. My brother refused to let me see my moms will and I only discovered my dad had one when I asked a few days ago. I contacted the county where my mother died and her will was not filed with the courts. My dad died in a different county and it also hasn't been filed. How can I get a copy of the will of my brother wont give it? Should I give it time for it to be filed with the county and look at it then? Does my brother have any authority on it now that both parents are gone?

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2 Lawyer Answers
Richard Winblad
Richard Winblad
  • Estate Planning Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: This might help:

Title 58. Probate Procedure

Chapter 2 - Probate of Wills

General Provisions

Section 24 - Production of Will May be Compelled by the Court

Cite as: O.S. §, __ __

If it be alleged in the petition that the will is in the possession of a third person and the court is satisfied that the allegation is correct, an order must be issued and served upon the person having possession of the will, requiring him to produce it in the court at the time named in the order. If he has possession of the will and neglects or refuses to produce it in obedience to the order, he may by warrant of the court be committed to the jail of the county, and kept in close confinement until he produces it.

Matt Fleischer agrees with this answer

Matt Fleischer
Matt Fleischer
  • Probate Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: I agree with Richard.

In addition, note that powers granted under a POA terminate upon the death of the grantor. Also note the following statute, which is Section 21 of Title 58:

“Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby.”

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