If your mother's attorney has her Will, they can only give it to the person named in the Will to administer her estate or the court. So, you can request the Will from the attorney and see if he or she will provide it. If not, then I would request that the attorney file the Will with the probate court. It may be the case that there are no assets in her estate that need to be probated because she owned everything jointly with her husband. If that is the case, then all of the jointly owned assets now belong to him and his Will controls what happens to them once he dies. But you still can request that your mother's Will be filed with probate just in case any assets are discovered in the future that are not jointly owned. If the attorney is resistant, I would make the request in writing and send a copy to the probate court.
Answered on Mar 09th, 2017 at 7:58 AM