How to obtain a copy of a will if the person is still alive?

Question

The person is my mother and I am second with power of attorney.  My mother is not legally able to make decisions any more.  Another daughter has POA, but has been making changes to the will, the lawyer is a close friend of hers.  I have asked for a copy of the will, but my sister won't let me have one. Don't know why, because we get along fine. Were two of eleven kids and mom only has personal belongings.

Victor Waid · Answer

Suggest you seek the services of a probate lawyer to make a demand upon your sister for production of the will. Even though your sister has POA, she cannot unilaterally make changes to your mother's will.

James Chandler · Answer

You could petition the court for conservatorship over your mother.

Edwin K. Niles · Answer

Because a will can always be changed (even with a P/A), I don?t think you are entitled to a copy during Mom?s lifetime.

Georges Shers · Answer

I do not think you are entitled to get a copy of the Will, but your sister also is not legally empowered to make any change to the Will. I doubt the attorney has allowed her to do so.

Christine James · Answer

You are not entitled to a copy of the will during your mother's lifetime.  That said if you feel your sister is taking advantage of your mother you can get a conservatorship in court.

Julie Mains · Answer

Unfortunately, while your mother is alive, heirs at law have no power to receive a copy of the will unless you file an action in State court alleging undue influence against your sister.

Jayne Sebby · Answer

Powers of attorney usually don't include the power to change a person's will.  Check to see if that's listed as one of the authorized activities on the POA document.  If it's not, any changes to the will most likely will be invalid.

Cheryl David · Answer

Your sister has no legal obligation to show you your mother's will. If you believe your Mom is so incompetent that she can't change her will it would be prudent to have proof, so when the will is submitted.

Mark T. Peters · Answer

Generally, a person with a POS cannot change the will; I would be surprised if that happened.  As long as you are not the POA, you do not have a right to see the will.

Frances Headley · Answer

Wills are private until the person making them has died.  If you believe she has been changing the will then you should consult an estate planning attorney as well as your local elder abuse authority.

Brian Haggerty · Answer

If your mother can no longer make decisions, then no one can make changes to her will  not without forging her signature. If there is funny business going on, it is likely that it involves joint bank accounts or other means of transferring money, other than a will. You say your mom has only personal property, so why do you care about her will? If there are no assets to divide up, then the will is never going to be submitted to probate, so it won't ever mean anything. It's possible your sister won't let you see a copy of the will because there isn't one. You probably should discuss this with a lawyer who represents you, see if there is anything you need to be doing now.

Randall Romei · Answer

While a person is alive and competent a Will can be changed.  An agent under a power of attorney would not have authority to change a Will though the agent may be given authority to make gifts while the principal is still alive.  The principal or her agent controls possession of the Will.  Ask for a copy.  In writing.  The Will does not have to be filed and is not required to be on the public record until the creator dies.  Contact the attorney that helped your mother prepare her Will.  The attorney will not have permission to tender a copy of the Will without permission but will be on notice that after death could be made to produce the file.

Dara J. Goldsmith · Answer

Your mother is not dead. The attorney-in-fact does not need to give you a copy. A copy will need to be provided after death, but not now.  If she does not provide it then, you may get one from the court once it has been lodged.

James Oberholtzer · Answer

Sister cannot legally change the Will and her lawyer friend could get disbarred if involved.  Ask the lawyer directly. If refused, you can petition to be appointed guardian, then they have to give it to you.

Maura Curran · Answer

While someone is alive, you do not have a right to the Will. However, if you state that your mother is incompetent, you do have many issues and should contact a lawyer to find out what steps you need to take to help your mother - specifically along the line of guardianship and to obtain a legal conclusion of her competency. Another person cannot make a Will for someone and doing so with a POA would not be acceptable.

James Frederick · Answer

You are not entitled to a copy of the Will during your mother's lifetime and your sister cannot change the Will. Only your mother could do so, and if she is incapacitated, then the Will cannot be changed. If the lawyer has a conflict of interest, any documents could potentially be challenged on that basis. It sounds like things have not happened the way you believe they have.

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How to obtain a copy of a will if the person is still alive?

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