Legal Question in Wills and Trusts in Arkansas
My mother-in-law died in July and had a will. Her daughter was first POA, my husband was second in line, and their other brother was the third in line as POA. The daughter has opened and read the will, but is not letting her brothers see it. She is making every excuse to not be at home so they can read it, too. I thought all heirs had the right to read their parent's will, whether they were included in it or not. Is the daughter within her rights to not let her brothers read the will?
2 Answers from Attorneys
...the Will should be filed in Probate Court
A power of attorney doesn't survive the death of the person who created the POA. So the fact that several people may have been named in a power of attorney really does not matter anymore.
The will is the property of your mother-in-law's estate. However until a probate case is filed, there is no official representative of the estate. Therefore there is no one with the authority to decide who may or may not see the will.
You should file a probate petition alleging that there is a will, but that for the reasons indicated you don't know what it says. Then file a motion to require the daughter to deliver the will to the court. Once she has filed the will, any interested party (heirs, etc.) can see it.
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