Am I Allowed to See a Copy of My Father's Will?

This is a difficult and emotional situation, and it’s completely understandable that you’re concerned. Here’s a breakdown of what you need to know.

1. Power of Attorney Ends at Death

A power of attorney (POA) is a document that gives someone authority to act on behalf of a person while that person is alive. The moment your father passed away, the POA your sister had became legally void and powerless.

Your sister is no longer acting as your father’s agent. Instead, the person now in charge of handling your father’s affairs is the executor (also called a personal representative in some states) named in the will. The executor’s job is to follow the instructions in the will, pay any debts, and distribute assets to the beneficiaries. This is a new, separate role from the power of attorney, even if your sister was named as both. An executor must be appointed by the court.

2. Can You See a Copy of the Will?

As a beneficiary, you have a legal right to be informed about the estate and to receive a copy of the will. The executor has a legal duty to notify all beneficiaries and heirs about the existence of the will and the probate process. They are also responsible for keeping beneficiaries “reasonably informed” about the estate’s progress.

If your sister is the executor, she is legally required to provide you with a copy of the will. If she has not done so, she is not fulfilling her legal obligations.

3. What to Do About the Car and Other Assets

The information you received about the car may be a major red flag. If your father’s car was an asset of the estate, it should be handled according to the will. The executor (your sister, if she’s been appointed) must follow a formal process, which includes:

1. Inventorying assets: She must identify and create a list of all your father’s assets.
    
2. Paying debts: She must pay off any of your father’s outstanding debts, taxes, and funeral expenses.
    
3. Distributing assets: Only after debts are paid can assets be distributed to beneficiaries according to the will’s instructions.
    

Your sister does not have the right to sell or dispose of estate property (like the car) for her personal gain or before the proper legal process has been followed. This could be a violation of her fiduciary duty, which is a legal term for the high standard of trust and care she is supposed to have as the executor.

What You Should Do Now: A Step-by-Step Guide

1. Request a copy of the will (in writing): Send a formal request to your sister, preferably by certified mail or email so you have a record. In your letter, state that as a beneficiary, you are requesting a copy of the will and information about the status of the estate. Keep the tone professional and civil, even if you are not speaking.
    
2. Find out about the probate court: Wills are typically probated, which means they are filed with a local court (often called probate court, surrogate court, or orphan’s court, depending on the state). Once a will is filed, it becomes a public record. You can contact the local probate court in the county where your father lived to see if the will has been filed. If it has, you can request a copy directly from the court.
    
3. Consult with an attorney: This is the most crucial step. A qualified estate or probate attorney can:
   • Help you understand your rights as a beneficiary.
   • Find out if a will has been filed and if your sister has been officially appointed as executor.
   • Send a formal letter to your sister demanding an accounting of all estate assets and a copy of the will.
   • Take legal action, if necessary, to compel her to fulfill her duties or even have her removed as executor if she is mismanaging the estate.

The fact that your sister is not communicating with you and seems to be selling assets outside of the legal process is a serious issue. You have a right to be informed and to ensure your father’s wishes, as outlined in his will, are followed. Taking these steps can help protect your rights and ensure the estate is handled properly. Don’t delay — the longer this goes on, the more complicated it can become.