Can you please tell me 1) if it is legal to get a copy of a will and
it's changes; 2) how to do this and 3) where I can call to contest a
will?

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Request for Question Clarification by justaskscott-ga on 12 Jun 2003 07:50 PDT

Where are you located (state and county, if in the United States)? 
Where is the will located (or where was the person located whose will
is at issue)?  What relation are you to the person whose will is at
issue?  Perhaps these factors will help us to provide you with
information.

(Please note the disclaimer at the bottom of this page.  We can
provide general information, but not legal advice.  For legal advice,
you would need to contact a lawyer.)

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Clarification of Question by psuzannes-ga on 12 Jun 2003 08:25 PDT

The state we are located in is Maryland. The County we live in depends
on what you are looking for. Do you want the county of each of the
siblings, where I currently reside or where my great uncle lived? All
of us live in Maryland but in different counties. The person who's
will is at issue is deceased. He died 2-4 months ago. His will has
been filed but there is reason to believe that it was changed while on
his death bed. It is my Great Uncle whose will I would like to get a
copy of along with any recent changes. My grandmother, his sister, has
past away along with my father. If anything was willed to my
grandmother or father it would now go to myself, brother and sister.

Hello Psuzannes ~

I trust this will address your questions, with your clarification:

You say the "will has been filed". If by this you mean the Will has
been admitted to probate, Maryland Code requires a Will must be filed
in the county in which the decedent lived.

"§ 5-103. Venue.
	
(a)  Proper county.- The venue for administrative or judicial probate
is in the county in which the decedent had his domicile at the time of
his death, or, if the decedent was not domiciled in Maryland, the
county in which the petitioner believes the largest part in value of
the property of the decedent in Maryland was located at the time of
his death."
  - http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0


Obtaining a Copy of the Will
============================

Once a Will is admitted to probate, it becomes a part of public
records. As such, yes, you or anyone can get a copy of the will from
the Clerk of the Court in the county in which it is filed. If you live
there, it is often more expedient to go to the Clerk's office and have
them make a copy for you while you wait. You may also wish to obtain a
copy of the Petition to Admit the Will to probate, which is the
application, usually by the Personal Representative (or executor of
the estate) to admit the Will to probate.

If it is not convenient, you can write or call the Clerk's office and
request a copy. There is usually some charge involved for copying the
documents.


Contesting the Will:
===================

If you feel the Will admitted to probate is not the Last Will of the
Decedent, and you can produce a subsequent Will, Maryland law allows
you to file a Petition for Caveat.

Maryland Code § 5-207. Caveat proceeding.
	
"(a)  Filing petition to caveat.- Regardless of whether a petition for
probate has been filed, a verified petition to caveat a will may be
filed at any time prior to the expiration of six months following the
first appointment of a personal representative under a will, even if
there be a subsequent judicial probate or appointment of a personal
representative. If a different will is offered subsequently for
probate, a petition to caveat the later offered will may be filed at a
time within the later to occur of:
	
  (1) Three months after the later probate; or

  (2) Six months after the first appointment of a personal
representative of a probated will.

(b)  Effect of petition.- If the petition to caveat is filed before
the filing of a petition for probate, or after administrative probate,
it has the effect of a request for judicial probate. If filed after
judicial probate the matter shall be reopened and a new proceeding
held as if only administrative probate had previously been determined.
In either case the provisions of Subtitle 4 of this title apply."
  - http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0


Please remember the disclaimer at the bottom of this page: "Answers
and comments provided on Google Answers are general information, and
are not intended to substitute for informed professional medical,
psychiatric, psychological, tax, legal, investment, accounting, or
other professional advice." And the information here is available to
anyone searching the laws of any state within the United States.

Search terms:
 - Maryland code + estates 
 - Maryland code + probate
 - Maryland code + probate venue
 - Maryland code - probate caveat


I hope matters get straightened out.

Regards,
Serenata

THURSDAY, JUNE 12, 2003

DEAR PSUZANNES:

It is the county where the death occurred that you will need to check
at the county courthouse probate court to get a copy of the will.  You
need to know the month and year that the date occurred.  You can
either visit the courthouse in person to look at the probate file and
make a copy of the will or ask for a copy by mail.

The will that is on file at the courthouse is the one that is going to
be probated.  If you think it was changed on his deathbed, then you
need to look at the will to see if he made any handwritten notations
on it and dated them (called a codicil) or not.  How do you know for
sure that changes were made?  If you know for sure that changes were
made and you don't see the changes shown on the will, then whoever had
access to his records at home possibly destroyed or is withholding the
will with the newer changes, and you would then need to get a probate
attorney to figure out what your next step should be.

4keith