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littlemama1215 · Mar 11, 2009, 01:46 PM

My husband and I are named in his aunts will. In MN do we have any legal right to get a copy of the will? We have MAJOR questions about weather or not the 2 people in charge of exicuting the will are being honest.

twinkiedooter · Mar 11, 2009, 06:17 PM

If this will now in Probate Court? Is there an attorney handling this matter?

ScottGem · Mar 11, 2009, 06:21 PM

If you are named in the will you have the right to see a copy. Once the will is probated it becomes public record and you can get it from probate court.

littlemama1215 · Mar 11, 2009, 10:55 PM

She never filed the will with the county so it's not being probated. I tried that LOL. It's with an attorney. I think I know which one but I'm not sure.

excon · Mar 12, 2009, 05:30 AM

Originally Posted by littlemama1215

She never filed the will with the county so it's not being probated. I tried that LOL. It's with an attorney. I think I know which one but I'm not sure.

Hello mama:

Then I think you'll need your OWN attorney.

excon

ScottGem · Mar 12, 2009, 07:31 AM

If you think you know the attorney, then contact him for a copy. If the will hasn't been filed in probate, then its not really valid yet. While its not absolutely necessary to file a will in probate court, usually, it does have to be for transfer of assets. When someone has a very small estate or all assets are held jointly, it may not be necessary. For example, if old Aunt Bertha dies with no bank accounts or property, but she does have a lot of very good furniture, jewelry and other keepsakes, then a will may not need to be probated.

But if there are assets held in banks, in property, in stocks, etc. These assets need to be transferred to the heirs and the bank, county recorder, stock agent, etc. will want proof that the beneficiary is legally entitled to the property. This requires probate.