How can I get my mother's will when my brother has it in a safe at mom's home where he also lives?

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Mom had passed away on July 9. I was not called by my brother, only by funeral home the next day to get a second signature to be able to cremate. Brother made all arrangements did not include me in anything. Mom kept her will and a copy of it in her home safe brother had lived with mom and still does live there. The state guardian requested the will as well as I and still not been given it. I am DPOA mom appointed me in the will and now I want to get that will and not able to. I do live in another state so this is not easy for me to keep going back to Michigan I truly need some advice here. I want nothing except peace

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When I saw this post I couldn't help but ask what is he doing with her will at his house? Wills are supposed to be deposited in probate through a lawyer, not sitting at someone's house, that's a big red flag something's amiss because it could very easily get changed without the knowledge or permission of the rightful owner. This will should definitely be in probate. I'm not so sure it will be legal if it's not filed with the probate so definitely seek out the help of any guardians or even get your own estate lawyer who handles these matters. Call your state bar association, start there and definitely lawyer up as mentioned here. Get someone who works on contingency if you're on fixed income, you can definitely use the help right now, especially if there's serious money and expensive assets at stake. I'm going through and a state issue myself, and the first thing I had to do is cough up $300 to open an estate for my dad in probate. That was done with the help of a lawyer who handles these types of cases. If it's a complicated matter, it may seem frightening, but some cases take longer than others. The most frightening part is if you're not hearing much from your lawyer when things seem to suddenly got quiet after the estate is opened and your lawyer has an especially big caseload. If someone leaves the practice, it can be even more disturbing to the clients, especially where you're facing a time sensitive part of the waiting period. In my own case, there must not be any updates to my own case right now and I'm dealing with a situation of possible (and I said possible) elder financial abuse against my dad who also happened to have had Alzheimer's for a number of years. You'll definitely need legal help especially if you suspect your inheritance may have been hijacked by a vulture. Sadly, this turns out to be far more common than we may realize and it treats so many people out of a rightful inheritance especially when those rightful heir happen to be needy and unnecessarily on public assistance where they may or may not otherwise even need it hadn't been for a rightful inheritance that should've gone to that particular person who happened to have come from a rich family. Definitely seek legal help in your matter and fight for what's yours
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You'll have to lawyer up.
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If her state requires the will to be filed then the county she lives in should have a copy. Why is the state involved? This usually happens when there is no will. He better produce one or the state will take a percentage of Moms estate. Is there a Medicaid lean on the house? Unless brother is legally disabled, the house may have to be sold and leans paid. I agree, the state rep needs to go after brother but you need to be kept in the loop.
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I'm very sorry for the loss of your mother. This is a recent event, only just over two weeks ago. Is there any particular hurry to get your mother's will in order?

As has already been pointed out, DPOA ceases on the death of the person and has nothing whatever to do with wills. What you need to know is who your mother appointed to be the executor of her estate; and if that had been you I expect she'd have mentioned it. So, all in good time. If you're not on speaking terms with your brother, sit tight and wait for the proper authorities to sort everything out.
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If you know who the lawyer was who she had draw up the will he has a copy. I was the EX, of my parents but I didn't have a copy, had to go to the lawyer to get it when she died. Turnd out she had several, had to find the latest date. So the one in the safe might not be the correct one.
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CAll a lawyer for a "free consultation".
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Your brother has no power, unless he's the executor, and then he is required by law to share with you all the information in the will. If he won't, lawyer up.

I'm sorry for your recent loss. It's only been 2+ weeks, maybe he's just swamped. It takes a while to get death certificate copies, and those are required by many of the creditors, etc. Cut your brother some slack, OK? He could still be in a state of grief and trying to do all the things---be kind and gentle and you'll likely get better results.
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Lawyer, lawyer, lawyer. If your brother is executor and has to use a lawyer, that lawyer will see that you are notified and get a copy of the Will. At least, such is the case in PA. They also probably must probate, at which time a copy is filed with the court. In our Commonwealth it is Register of Wills. Other states will differ. Once a copy is filed with the court, if the executor/administrator of the estate or a lawyer does not give you a copy, you can go to the courthouse and get one. Good Luck. I think NY is Surrogate Court.
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End, proxies under POAs or DPOAs aren't appointed in wills, as they are of no effect once the principal dies. Your mother would have had to execute an actual POA or DPOA to appoint you for tasks preceding her death.

If you were designated in a Will, it would more likely be an Executrix or Personal Representative and they've more recently been called, or a Co-PR with your brother.

Do you know if he actually has the combination to the safe to retrieve the Will? If he does and is sequestering it, let the state guardian take action; the power of the state can force him more easily than you can.

I haven't kept up on the filing of wills in Michigan, but back in 2003, it was a requirement to file them, so this will need to be done at some point. The Guardian may be pushing for that as well.
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