If you live nearby, you can visit the probate court where the will is filed and obtain a copy. Once a will has been filed it becomes a public record. If not, you can contact the court to determine how to obtain a copy by mail. Most courts are very helpful with requests for copies. You can find the court by doing an online search using the county, state and add "probate court".
If the decedent owned property then the will must be probated. Once a will is filed for probate it becomes a public record and you can request the file and review the will. However, if you are a named beneficiary or an heir at law, you should receive a notice in the mail that the will has been presented for allowance and someone has petitioned to be appointed the executor.
The will should have named an alternate. If it didn't, find some one who willing to do it. The estate lawyer must notify the court of the executor's death and petition for the appointment of a successor.
The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.
If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.
If the person granted power of attorney and executor dies before the grantee, then the power of attorney is terminated, and the grantee would not be able to rely on the power of attorney anymore. The executor's role would typically be carried out by an alternate executor named in the will, or the court may appoint a new executor if there is no alternate named. It is important to regularly review and update estate planning documents to ensure contingency plans are in place.
Interesting...I would say that you should find out who the lawyer was that handled the estate issues and go after HIM AS WELL.
You can find an excellent article about what to consider when choosing an executor at the link provided below.
Generally, yes. The testator should make the whereabouts of their will known to the executor in the event of their death. If the testator has died the executor has the right to take possession of the will in order to submit it for probate. During that process they can read the will before it is made public.
To find out if you have been named in a will, you can ask the executor of the will for a copy. If the person who created the will has passed away, the will may be filed with the probate court where it can be viewed. Alternatively, you can hire an attorney to help you locate and obtain a copy of the will.
You would contact the Executor of the estate to find out if you have been named in the will.Additional Information: While the above answer would apply AFTER the death of the legator - while they are still living there is no legal obligation that they notify you in ADVANCE that you are included in their will, and you have no legal right to require that information be disclosed.
Typically, the person creating the will (the testator) will inform you if you are named as a beneficiary in their will. After their passing, the executor of the will is responsible for notifying beneficiaries of their inclusion. Additionally, you can inquire directly with the executor or the testator's attorney to find out if you are named in the will.
The executor must make a reasonable and diligent search for property. They cannot be "required" to find unknown property. The heirs and relatives should assist by notifying the executor of any property they have knowledge of.