Q: Do I have the right to a copy of my deceased parents will of whom my brother has failed to give me?
My brother is the appointed executor of the will. He failed to let me see it or even give me a copy. That goes with both of my parents death certificates. I also have questions regarding the estate left behind.
It has been nearly 1 year now and I've asked him for it and no response.
Sorry for your loss, and sibling troubles. You have a right to know what is in the Last Will and Testament of your Parents, if there was one. As for Death Certificates, you can obtain copies of them from the County Recorder's office where your parents were residing before they passed on, but it is much easier for your brother to just give you a copy.
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A: Probate cases are a matter of public record. Call the probate court and ask them how to go about obtaining a copy of the will that was admitted to probate. You can also obtain copies of inventories and pretty much anything else that is in the file. If you are local, it would be best to go there and review the file in person, but they may not be allowing that right now.
Gerald Barry Dorfman agrees with this answer
A good place to get a copy of the death certificates is from the funeral home. They often get extra copies from the local health department as a courtesy to the family. Try that first.
Also the death certificates are public record. Here is a link to California Department of Public Health:
As for the will, if a court procedure has been filed to determine the validity of the will, then there is a copy of the will in that court file. That is called probate. You can get copies at the courthouse. If a probate has not been filed yet, then there is no public record.
It's possible that your parents wrote a trust as well as wills. Trusts also divide up property at death. Your brother may also be in charge of the trust, as the trustee. If you are a beneficiary of a will or a trust or both you have a right to an accounting. Start with a snail mail letter to your brother: "Please send me a copy of the will and the trust and send me an accounting." Mail it and keep a copy. If your brother has an attorney, send a similar letter to him or her.
If your brother and/or his attorney are still uncooperative and won't give you copies of the will(s) trust or an accounting, then you will need to hire your own attorney to get this done.
Shawna Murray agrees with this answer
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