Family Members Hiding Wills: Important Laws You Need To Know

Do you suspect or have a family member hiding a will?

In this article, you’ll learn about:

are they breaking the law
what are the legal obligations
what are your (the beneficiary’s) rights
how to know if a family member is hiding the will
what to do if the family member is hiding a will

Let’s dig in.

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Key Points About Family Members Hiding Wills

The probate courts can order the family member to show the will.
Hiding a will prevents the deceased person’s wishes from being carried out.
Family members who hide a will may face criminal charges and civil litigation.
Executors cannot legally hide a will.
Beneficiaries have the legal right to contest the actions of hiding a will, enforce the terms of the will, and receive their share of the estate.

Are Family Members Hiding Wills Breaking The Law

Yes, family members who hide a will are breaking the law.

Hiding a will is considered:

a breach of the deceased person’s wishes
a violation of legal and ethical responsibilities

People create wills to outline how their estate will get distributed after death.

Let’s say a family member hides the will.

They are preventing the deceased person’s wishes from being carried out.

This is considered a serious breach of trust and can have legal consequences.

Family members may hide a will because:

they are unhappy with its contents
they believe they will benefit more if the will is not discovered

This behavior can result in legal action being taken against them, like:

criminal charges
civil charges (i.e., litigation from family members)

Let’s say you suspect that a family member is hiding a will.

Your attorney can file a petition with the probate courts.

The probate courts can order the family member to show the will.

This is the more efficient way to get the will out of hiding.

Criminal Charges For Family Members Hiding Wills

Let’s say an executor gets found guilty of hiding a will.

They could face a range of criminal charges (depending on the circumstances).

Some potential charges that an executor could face for hiding a will include:

Theft. When the executor takes possession of the deceased person’s assets or property. And they refuse to return them to the rightful beneficiaries.
Fraud. When the executor alters or forges the deceased person’s will in an attempt to benefit themselves or others.
Obstruction of justice. When the executor hinders or interferes with the probate process by hiding the will.
Contempt of court. When the executor defies a court order to disclose the location of the will or to submit the will to the appropriate probate court.
Breach of fiduciary duty. Executors have a legal and ethical obligation to act in the best interests of the estate and its beneficiaries. If they violate this duty by hiding a will, they could get charged with a breach of fiduciary duty.

The criminal charges family members could face for hiding a will depends on:

the laws in the jurisdiction where the case is being heard
the facts of the case

What Are Their Legal Obligations

An executor is the legal representative of the deceased person’s estate.

And an executor has certain legal obligations when it comes to the will.

Here are some of their key obligations:

Submitting the will. The executor must file the will with the appropriate court and begin the probate process. This involves filing the necessary legal documents, notifying beneficiaries and creditors, and managing the estate’s assets.
Administering the estate. The executor is responsible for managing the estate’s assets. They have to ensure that they get distributed according to the person’s wishes as outlined in the will.
Acting in good faith. The executor has a fiduciary duty to act in good faith and in the best interests of the estate and its beneficiaries. This means that they must be honest and transparent in their actions, and must avoid any conflicts of interest.
Protecting the will. The executor must take steps to protect the will from damage or loss. This includes keeping the will in a safe and secure location, such as a bank safe deposit box or a fireproof safe.

An executor cannot legally hide a will.

It is the executor’s legal obligation to:

submit the will to the appropriate court
begin the probate process

Let’s say an executor is suspected of hiding a will.

The executor hiding a will may:

be in violation of their legal obligations
may face legal consequences

Some common examples of illegal actions an executor may take include:

Intentionally destroying the will. Destroying a will is a serious violation of the executor’s duties. It can result in legal action being taken against them.
Refusing to disclose the will’s location. Let’s say an executor knows where the will is but refuses to disclose it to the appropriate parties. They may be in violation of their legal obligations.
Withholding information. Let’s say an executor fails to disclose information related to the estate or the distribution of assets. They may be violating their fiduciary duty to act in good faith.

In general, the laws around executors and wills are designed to ensure:

that the deceased person’s wishes get respected
that the estate is distributed according to their intentions

Executors who violate these laws:

can face legal action
may get held liable for any damages

Let’s say you suspect that an executor is hiding a will.

Fill out the form on this page to explore your legal options.

Beneficiary Rights When A Family Member Hides A Will

Let’s say a family member is hiding a will. The beneficiaries have legal rights to:

contest the actions of the family member
seek to enforce the terms of the will

Here are some potential beneficiary rights when a family member hides a will:

Right to access information. Beneficiaries have the right to access information related to the estate. This includes the will and other documents related to the distribution of assets. Beneficiaries can take legal action to get the necessary information.
Right to contest the will. Let’s say the will is being hidden or altered in a way that does not reflect the deceased person’s wishes. They may have the right to contest the will in court. This could involve challenging the validity of the will or seeking to have it overturned.
Right to receive their share of the estate. Beneficiaries have a right to receive their share of the estate as determined by the will. Beneficiaries can take legal action to enforce their rights. And to ensure that they receive what is rightfully theirs.
Right to remove the executor. The beneficiaries may have the right to petition the court to have the executor removed. They can get replaced with someone else who is more trustworthy and responsible.
Right to receive notice. Beneficiaries have the right to receive notice of any legal proceedings. This includes probate hearings and court actions. Let’s say a family member is hiding the will. Beneficiaries may not be aware of these proceedings and could be excluded from participating.
Right to challenge the actions of the executor. Beneficiaries have the right to challenge the actions of the executor of the estate. Especially if the executor is not acting in the best interests of the estate or is violating their fiduciary duties. This could be mismanaging assets or distributing assets in a way that is not in the terms of the will.
Right to request an accounting. Beneficiaries have the right to request an accounting of the estate’s assets and liabilities from the executor. This accounting should detail all income and expenses related to the estate. And it helps ensure that the estate is being managed properly.
Right to receive their share of the estate in a timely manner. Let’s say a family member is hiding the will or delaying the distribution of assets. Beneficiaries may have the right to take legal action to enforce their rights and ensure that they receive what is rightfully theirs.
Right to file a lawsuit. Beneficiaries have the right to file a lawsuit to protect their interests in the estate. This could include seeking damages or other relief from the court.

Suppose that you:

are a beneficiary
suspect that a family member is hiding a will

You should consult with a probate attorney to explore your legal options.

You may have rights that you are not aware of.

An attorney can help you:

protect those rights
ensure that the deceased person’s wishes are respected

How To Know If A Family Member Is Hiding A Will

It can be difficult to know for sure if a family member is hiding a will.

But there are several signs that may suggest that this is the case.

Here are some things we have helped our clients with:

Lack of communication. The person responsible for the deceased person’s estate is avoiding communication. Or they are not providing updates on the status of the will or the probate process.
Missing documents. If you know that the deceased person had a will, but you cannot locate it.
Suspicious behavior. If a family member is behaving suspiciously or seems to be hiding something,.
Changes in beneficiaries or distribution of assets. The deceased person’s wishes on the distribution of their assets seem to have changed unexpectedly.
Lack of transparency. The executor is not providing regular updates on the status of the will. Or they are not disclosing important information about the estate.

So, you suspect that the family member is hiding the will.

Let’s talk about what you should do.

What To Do If A Family Member Is Hiding A Will

Let’s say that you suspect that a family member is hiding a will. Here are some steps you can take to retrieve the will:

Talk to the family member. The first step is to try and talk to the family member who you suspect is hiding the will. Explain why you think there is a will and why it’s important to locate it. Try to approach the conversation calmly and respectfully.
Look for other copies. If you are unable to locate the original will, check to see if there are any copies of the will. The deceased person may have given a copy of the will to their lawyer or to another family member. Check any safe deposit boxes or personal files where the deceased may have stored important documents.
Consult an attorney. If you are still unable to locate the will, consult with an attorney. An attorney can find out if there are any legal steps you can take. They can help locate the will or ensure that the deceased person’s wishes get followed.
Consider legal action. Let’s say you have reason to believe that the family member is intentionally hiding the will. You may need to take legal action. A probate court can order the family member to produce the will. And there can be consequences for intentionally hiding a will.

What If You Only Have A Copy Of The Will?

Finding a copy of a will can be beneficial if someone is hiding the will.

Here are some reasons why:

Validity. The copy of the will may be a valid and legally binding document, even if it’s not the original. Let’s say the will was properly executed and signed. The copy may still be considered legally enforceable.
Information. The copy of the will is not legally enforceable. But it still contains important information about the deceased person’s wishes and intentions. This helps family members understand how the deceased person wanted their assets distributed. And it helps them make decisions about how to proceed.
Evidence. Let’s say you suspect that someone is hiding the original will. A copy of the will can be important evidence in a legal proceeding. It can show that the deceased person did indeed create a will. And it can provide clues about where the original will may be located.
Estate Administration. In some cases, a copy of a will may be enough to begin the process of administering the estate. This can help ensure that the deceased person’s wishes are followed. And that those assets get distributed according to their intended beneficiaries.

Get Legal Help Getting The Will

If you are dealing with a family member hiding a will, fill out the form on this page.

Our probate attorneys have the experience you need to defend your rights.

This way, you don’t wrongfully lose your inheritance.

You deserve to receive the inheritance that is rightfully yours.

We can provide you with that.

Talk soon.

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

Family Members Hiding Wills: Important Laws You Need To Know

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

Key Points About Family Members Hiding Wills

Are Family Members Hiding Wills Breaking The Law

Criminal Charges For Family Members Hiding Wills

What Are Their Legal Obligations

Beneficiary Rights When A Family Member Hides A Will

How To Know If A Family Member Is Hiding A Will

What To Do If A Family Member Is Hiding A Will

What If You Only Have A Copy Of The Will?

Get Legal Help Getting The Will

Get A FREE Consultation!

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