Expert: Charles W. Field - 6/25/2004

Question
My sister drowned last June.  Her death was recorded an accident, but it being reinvestigated by local and private officials (at the family's request) She was married 9 1/2 years and had both a will and a prenuptial agreement. My sister's will designates my mother as her personal representative and left her real property (portion of family farm) to my mother.  My sister's husband refuses to produce the will to the probate court.  We have petitioned the court and sent a copy of the prenuptial agreement.  Because he had himself appointed her personal representative, we are having a very difficult time getting anyone to help us. I will appreciate any direction or advise that you may have to offer.  We live in a small town. Thank you!

Answer
Depending on the procedural rules in your state, you should be able to file a challenge to his being in charge of the estate. You also can subpoena the will, if it hasn't been destroyed. I realize you are in a small town; you may have to locate an attorney who is near but not in your town to help.