More details to this question:
I am Power of Attorney for Mother in Law , (I will refer to her as "M") Her father passed away. Father passed away/was a resident of Ohio. M lives in CA. M is the only child of deceased. The widow told me there is a Will, and that she did NOT file probate. She also has a lawyer. (M does not presently, cant afford one) Widow verbally told me of her late husbands specific (and unusual) wishes regarding distribution of M's inheritance. M would like verification of this by way of a copy of the Will. Does she, (or I, as M's P.O.A) have a legal ground to demand a copy of the Will be sent to her immediately, so that we see there's no fraud (without probate)? and Does M have the ability to demand Probate, if she chose so?
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Normally, if your mother in law or you, the POA, requests a copyf of the will from the estate lawyer, he or she should honor such request. If he or she does not, you may be able to request a copy of the will be mailed to you from the court in which it was filed. However, since you say it wasnt filed, that would rule that out. If you cannot obtain a copy on your own, hire a lawyer. He or she can write to the estate lawyer and request a copy.
Answered on Jan 03rd, 2014 at 11:05 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900