QUESTION
As a beneficiary, can I require the executor to give me a copy of will and video?
Asked on Feb 16th, 2015 on Estate Planning - California
6 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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Not if the testator is alive. Yes, if you are either an heir of a deceased testator or have knowledge of being named a beneficiary in the Will, such as a pre-death letter from the testator informing you of that.
Answered on Mar 06th, 2015 at 3:46 PM
Edwin K. Niles
Yes, as beneficiary you are entitled to a copy of the will. Probate Code 8003 and 8110.
Answered on Feb 17th, 2015 at 9:18 PM
3 Awards
As a beneficiary, you are entitled to receive a copy of the Will. You can also order a copy from the Court where it has been lodged. In Nevada Wills are to be lodged within 30 days of death. By video, do you mean of the signing? You may not be entitled to that unless there is a Will contest. You can probably file a motion with the court to view the video to determine if you should contest.
Answered on Feb 17th, 2015 at 11:28 AM
2 Awards
Yes you are absolutely entitled to a copy of the will. Not sure about the video. SPEAK DIRECTLY TO AN ATTORNEY.
Answered on Feb 16th, 2015 at 11:49 PM
Of the Will, yes. The video does not really have any effect on the Will, so I suppose the executor could say no. But if the Will needs to be probated, the executor named in the Will does not automatically become in charge of the estate, as the Court must appoint someone, and if the executor has refused to be reasonable, the Court might appoint someone else. You should read up on how probate is handled; see the simple books by Nolo Press to start.
Answered on Feb 16th, 2015 at 11:46 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes. May have to litigate with the executor, unless items have been filed with the probate court.
Answered on Feb 16th, 2015 at 11:45 PM