Legal Question in Wills and Trusts in New York
Does a brother have a right to see his sisters will , If he was not included in the will? Also can an executor of an estate, amend a will without the knowledge of people named in the will ?
2 Answers from Attorneys
Once a will is filed for probate, it becomes a public record and is available to anyone.
An executor has no authority, other than that granted in the will and by the Surrogate's Court.
My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
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I agree with Arnold that once probated, except in very unusual circumstances, a Will is a public document and can be seen by anyone, who may also buy a copy for a nominal fee. Likewise< I agree that an Executor must follow the terms of the Will and if there is any confusion get instructions from the Surrogate or a judge. The only time an Executor can act by himse;f if he is given discretion on doing or not doing something. If he acts improperly, he can be questioned by bringing this before the Surrogate. This is a reply to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.