Legal Question in Wills and Trusts in New Hampshire
Reading of a Will and Last Testament
I have a friend whose parents died within two months of each other. She is under the understanding that she was left an amount of $100,000. Her Brother is the executor of the estate, When the will was read, only HE was present. My question is this-Does my friend have the right to have the will read to her by the atty that is handling the estate? Her brother told her that only he has to know what the will states.
3 Answers from Attorneys
Re: Reading of a Will and Last Testament
Both John and Jason are correct that it is only in movies or literature that there is a formal reading of a Will. Your friend should have been notified of the probate and given a copy of the Will if she is named in it. She can see a copy at the Surrogate's office or get one sent to her for a nominal fee. If she was not named and is a natural child, she can contest it, but this must be done quickly, as there is a limited time period from probate in which to file a claim. Her brother is held to fiduciary responsibility, so she is entitled to a full accounting of everything involved in the estate. The estate's attorney should be more communicative with her as well.
Re: Reading of a Will and Last Testament
In New York, we do not have a formal procedure known as a Will reading. Once the Will is submitted to the Surrogate's Court for probate, it becomes a public document and may be read by your friend.
Re: Reading of a Will and Last Testament
Her brother is 100% incorrect. Your friend has the right to view the will and should do so immediately by contacting the Surrogate Court in the county in which her parents died and either requesting a copy of the will or going to the courthouse and making a photocopy for herself. I have seen many people hesitant to confront a family member after a death, and they always regret it down the road. Your friend should consult an attorney ASAP to ensure she is not taken advantage of any further.
Please have her contact my office if she needs additional assistance.