Legal Question in Wills and Trusts in New York

Re: can i request a copy of a will if i am a beneficiary?

This is a difficult situation. The owner of the will is your mother and only she has any rights to it. After she passes, then you have a right to a copy.

The circumstances of this will seem very questionable and will give you grounds to contest it, if that is your choice. It is not illegal and it does not make a will invalid if it is drafted by someone who will benefit, but it raises questions.

Your mother can ask to have a copy of the will sent to you. You may also write to the lawyers on your mother's behalf by certified mail that your mother would like a copy of the will sent to her (as long as it is true that she wants a copy).

I recommend that you request a copy through your mother and confirm that the will conforms to her intentions. It is much, much easier to establish a new will than to set aside a bad one.

You are welcome to a consultation for no fee.

Re: can i request a copy of a will if i am a beneficiary?

You can request but they cannot give it to you.

Re: can i request a copy of a will if i am a beneficiary?

You will be entitled to copy of the will should you survive your mother after your mother dies. In any case, even if you are familiar with your mother's intention that doesn't negate the possibility that she could change her mind, or her will prior to her death. Do you have any reason to believe that your brother-in-law or his daughter have engaged or would engage in an illegal practice to your detriment?

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: can i request a copy of a will if i am a beneficiary?

Under most circumstances, a Will is revocable, so it can be changed up to the moment of death. As such, it is a private document until submitted for probate, so your request, unless authorized by your mother, in writing or by phone, need not be honored. I suggest talking to your mother and having her request that a copy be sent to you. She should have been provided one and is entitled to a copy, or the original. If some improper action was taken, there is little you can do now, as most courts will not entertain an action to revise or negate a Will during the maker's lifetime (since it can always be changed). You will always have the opportunity to contest it, after your mother passes away, although there is a little time period available for this. If you cannot get a copy, be prepared and start to document the good relationship you enjoy with her, in the evetuality that you may need to contest the Will in the future. This presumes you cannot get a copy, or if the copy is something other than what you have been told.