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Brother and Sister take all

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eagleyed

Junior Member
Post deleted because of too much discursive rambling.:D
Actual questions in case anyone missed them are shown in bold listed below and sorry for all of the confusion.;)
 
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latigo

Senior Member
Do you want someone to tell you how to determine whether your mother is dead or alive? Is that it?

Because other than the fact that you don't seem to be especially concerned one way or the other, that is the best I can make of your discursive rambling.
 

eagleyed

Junior Member
Do you want someone to tell you how to determine whether your mother is dead or alive? Is that it?
I thought most people would know i'm not asking that.:rolleyes:

I don't know much about the legal part about wills, estates and etc, this is why im posting here. If for instance her will was read and i wasn't there and the executor my sister said we can't find him would i automatically forfeit my 1/3 of her estate? The same goes for Probate court could my sister and brother play the same card in court and i would forfeit?
I guess you didn't read this part.:eek:
 

nextwife

Senior Member
Actually, we really cannot tell what legal question you are asking.

To determine if someone has passed away, and when, check the social security death index and newspaper obituaries.

They only do the "reading of the will" in movies. The will is simply filed, and that is how notice in the public record is created.

To determine what is stated in a will filed for probate, check the probate records in the county. None of you gets anything until the estates creditors first get paid. Plus any open mortgages must be paid off.

So do your research, actually find out what is going on, what any filed will states, what creditors have filed claims against the estate, and then come back and ask the relevent questions.
 

eagleyed

Junior Member
Re:nextwife Actually, we really cannot tell what legal question you are asking.

If for instance her will was read and i wasn't there and the executor my sister said we can't find him would i automatically forfeit my 1/3 of her estate? The same goes for Probate court could my sister and brother play the same card in court and i would forfeit?
Btw my questions are in what i stated above in bold. I don't understand why people with so many posts could say we don't know what you're asking.:rolleyes: Maybe that's how they got so many posts, if that doesn't apply to you i apologize.:D

All of the discursive rambling that somebody stated was so people didn't ask me questions like did you try calling your sister, etc. It was to give people some insight on whats going on. I guess i gave too much info that wasn't needed. The wise crack "you don't seem to be especially concerned one way or the other" is totally false. The fact of the matter if anyone read what i posted "hope she hasn't passed and has moved to Florida". That would mean to most people i hope she's alive!

My main reason for me coming here and asking those questions in bold was to see if somebody would actually know if my brother and sister could screw me out of what might be mine. I can't believe people make accusations about somebody they don't even know. :(
 

justalayman

Senior Member
there is no get together where a will is read (there could be but it is pretty much a tv creation). Even if it was, it is meaningless. The will must be filed with the probate court to be validated.

You do not automatically forfeit anything by not being at either action.
 

nextwife

Senior Member
My main reason for me coming here and asking those questions in bold was to see if somebody would actually know if my brother and sister could screw me out of what might be mine. QUOTE]

At this point even you have no idea what is or is not supposed to be yours. You haven't checked probate, you don't know what creditors need to be paid off from the sale of the home, you don't know whether there is or is not a will, and what any will states.

Go do your research, find out what is going on with the estate (assets, debts and what probate would allocate to whom) and then come back and talk to us. Children are NOT "automatically" entitled to inherit just because a parent dies.

Example: When my dad died, he had willed his entire estate to my mom (which we all felt was appropriate). When my uncle died, he left out one adult child from inheriting because that child, in his mind, had already recieved more than their share of his assets during his lifetime. He frequently had to help him with self inflicted money problems, drug rehabs, and other problems that the other two never bothered him with. So he felt it fair to divide what was left between the two that never got money from him as adults. It is up to the decedent to choose where their money goes, and whether some or one or no offspring recieve inheritances.

Oh, and if mom is in a nursing home and NOT deceased, they may need to sell the house to pay for HER care, and nobody will get anything from it.
 
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