How long is the statute of limitation on Wills? What rights does children have on having their parent's will read to them?

Question

My mother died. She had a will and her brother has a power of attorney. She died last year and my sister and I have not been told anything about her will. How long is the statute of limitations on wills and what rights do we have as her children on retaining  her will or having the will read to us?

Brian Haggerty · Answer

There is no statute of limitations; the will doesn't do anything until it is submitted to a probate court, and administration of her estate is begun. At that point, the will is public record and anybody can see it. Brother's power of attorney died when your mother died. If he is stealing, he will have stolen everything prior to her death, so that he will have no need to submit the will for probate. If you know there is property still in your mother's name, you may need to begin probate yourself and request that the court obtain the will from brother.

Erven Nelson · Answer

You should be entitled to a copy of the will immediately.  The power of attorney ended at your mother's death, so it doesn't matter anymore.  Demand a copy, and hire a lawyer if you don?t get one now.

Bruce Keswick · Answer

A Will is supposed to be Probated within a reasonable time.  If there is a Will,  then any beneficiary or natural heir, which includes all children, whether or  not they are included in the Will, are entitled to a copy of the Will.

Kathleen Delacy · Answer

If she had a will it should be filed with the Register of Wills so you can see it at any time.

Douglas Tull · Answer

I suppose the more important question for you to get answered was whether mother had any assets that were not held jointly with others that needed to pass through probate.  If she only had joint accounts or jointly owned real estate - or IRA's or 401k's with beneficiaries designated, then no assets would pass through probate and it would not matter what mother's will said.   Michigan law requires that whoever possesses the original will of a person who dies to file that will with the probate court for the county where the decedent had resided at the time of death.  If your uncle has the original will and follows the law he would have at least filed the will with the probate court.  Go to the court and find out.  If you believe your mother had assets that required assistance of probate to transfer (and can afford the costs of starting probate) then you can file a petition to start probate and ask to be appointed Personal Representative (formerly called executor) - and if you get appointed, then as Personal Representative, you can discover mom's assets and administer her estate.

Glen Edward Ashman · Answer

In most states, wills are not "read."   However, by now, everyone should have seen the will, and an heir that hasn't should have hired a lawyer many months ago.

Christine James · Answer

First, DON'T WAIT ANOTHER YEAR!!! Sit down with an attorney, petition for probate, give notice and let any will that might exist surface.  Time is your enemy and you are wasting it in this forum.

Kelvin Green · Answer

Powers of attorney cease on death. The will has an executor/administrator named. Tee are dutes that person needs to do. Her brother has little claim to anything to if she has children.

James Frederick · Answer

A "reading of the Will" is largely a television invention. It almost never takes place in real life. The better question is whether or not there are any assets to pass under the Will. Did your mother have any assets titled in her name alone? If so, then probate would be necessary to get title to those assets. That is normally where a Will would come into play.  First, I would check to see if an estate was opened up for your mother. My guess is that the answer is no, because you would have received notice of this, if it had happened. If there was no estate, but there ARE assets, then any interested person has the right to apply or petition to open an estate, at this time.  You should visit with a probate lawyer to discuss this situation and determine how best to proceed.

Dara J. Goldsmith · Answer

Will readings are not the norm.  You can request a copy from your uncle.  The power of attorney is of no effect, it died when your mother died.  You should be able to order a copy of the Will from the Court.  You should speak with an attorney if you are unable to easily get these tasks accomplished.

Mark T. Peters · Answer

In Idaho, you should start to probate an estate within 3 years.  Talk with an attorney, if no probate has been started, then you may have to start one to force the brother to come up with the will.

Victor Waid · Answer

Wills are not read in California. You need to obtain the assistance of a probate legal counsel to file a petition into probate court if there are assets in the estate.

Bernard H. Greenberg · Answer

Her Will should have been filed with the Court after her death. You can go to the Court and read it there. Also, consider filing a Demand for Notice in the probate proceeding.

John Brennan · Answer

Ask your bother to cooperate, and if he will not, get an attorney.  Generally the longer you wait the harder it gets.

Norman Green · Answer

You have a right to a copy of the will and to all benefits under it. You have the right to be mentioned in the will or else to get your intestate shares.  If no will and no surviving spouse, it all goes to the children (and issue of any pre-deceased children.  Power of attorney is NOT valid after death.  Go hire a lawyer this week.

Ben Liu · Answer

If probate is needed, the will will be a public document.

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How long is the statute of limitation on Wills? What rights does children have on having their parent's will read to them?

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