Inheritance denied

[ARaymondForde]

What is the name of your state (only U.S. law)? New Jersey
My dad sent me the first few pages of his will showing that he made seperate provisions for my nieces and myself upon his demise.

He passed away in 2010 but my stepmother said he did not have a will. She filed a probate in 2012 and everything, houses, bank accounts and rental properties were placed in her name. Upon her death this past March in Boston, I was told by her son, my step brother,who is an estate attorney, that nothing was left for myself, my son and nieces, and his mother placed everything in his and his sisters name solely. Should I proceede with litigation or is it to late to claim an inheritance? My father's sister, my 101 and 10 months old aunt says he told her he did in fact make a will in Ft. Lauderdale. Do I need attorneys in both states?-Please help with any advice that could put an end to this unfairness..thanks in advance.

 

[Just Blue]

What is the name of your state (only U.S. law)? New Jersey
My dad sent me the first few pages of his will showing that he made seperate provisions for my nieces and myself upon his demise.

He passed away in 2010 but my stepmother said he did not have a will. She filed a probate in 2012 and everything, houses, bank accounts and rental properties were placed in her name. Upon her death this past March in Boston, I was told by her son, my step brother,who is an estate attorney, that nothing was left for myself, my son and nieces, and his mother placed everything in his and his sisters name solely. Should I proceede with litigation or is it to late to claim an inheritance? My father's sister, my 101 and 10 months old aunt says he told her he did in fact make a will in Ft. Lauderdale. Do I need attorneys in both states?-Please help with any advice that could put an end to this unfairness..thanks in advance.

1. How did your Father "send" you these "pages" from his so called will?
2. In what year did he do this?
3. Did you contest the Probate when your father passed? Why have you waited 5 years to bring this up?

4. When was the last time your sat down and visited with your Dad?

 

[ARaymondForde]

1. How did your Father "send" you these "pages" from his so called will?
Guess my did eanted me to know he was getting his finances in order so he mailed me the pages.

2. In what year did he do this?
He mailed me the pages in 2008 and passed away in 2010.

3. Did you contest the Probate when your father passed?
When my father passed away and I called my step mother inquiring about the will, she said there was no will that she knew of and hung up the phone on me.
Why have you waited 5 years to bring this up? My step mother passed away in March and when I contacted her son he said everything was left to him and his sister only. After my parents divorced, ny father married their mother when the children were very young. I am from the Reoublic of Trinidad and Tobago, so when my father filed for me to come live with him and his new eife, she had to sign forms accepting me as a member of the family. I dont understand how I'm noe ostracized.

4. When was the last time your sat down and visited with your Dad?
I visited with my dad in 2009 for 2 weeks while in Trinidad. He told me he was drawing up hiscwilk and would send me a copy. I never recieved it and dont know the attorney he used but I know it has to be an attorney in Ft. Lauderdale as he didnt travel too far from home.

 

[anteater]

1) You apparently knew that your father's estate was being probated. And you made no objections.

By the way, where was your father domiciled?


2) Your stepmother had no legal obligation to include you in her testamentary plans. I don't know what "... forms accepting me as a member of the family..." are exactly. But, even if she had adopted you, she had no legal obligation to leave you anything.

 

[ARaymondForde]

Did not know that the will was being probated. She was very ill and was not able to get around. My father lived in Ft. Lauderdale but died in 2010 in Trinidad in the Caribbean. The probate was filed in 2012 in Florida. What I need to know is even though my strpmother stated that my dad died without a will, if a will is discovered now, will that have any power to override all that has been done.

 

[Zigner]

Did not know that the will was being probated. She was very ill and was not able to get around. My father lived in Ft. Lauderdale but died in 2010 in Trinidad in the Caribbean. The probate was filed in 2012 in Florida. What I need to know is even though my strpmother stated that my dad died without a will, if a will is discovered now, will that have any power to override all that has been done.

Most likely no, but feel free to consult with a local probate attorney. Best of luck to you.

 

[ARaymondForde]

Most likely no, but feel free to consult with a local probate attorney. Best of luck to you.

Thank you for your advice.

 

[Trustholder]

I am new here. But in looking for my question, I found this one. It seems your answer depends a little on two things. One, the question anteater asked (where was your father domiciled?) and what stepmother told the court during your father's probate. Even at a late date, if the executor hid a material fact from the court, then there is a slight possibility of being able to either challenge probate or seek compensation from the party who committed the fraud. Being a direct descendant often gives a person rights in intestate succession. If step-mother hid from the court that father had a living son or sons in an intestate succession probate, then that would be a material fact. If the state of domicile for dad was Massachusetts, you might have been defrauded from your inheritance.

That is not enough. You needed to challenge things sooner in general. You might still have some chance to challenge dad's probate if the facts indicate fraud. To guess at how successful you might be, an attorney would have to look up case law in dad's state of domicile. If that attorney says you cannot reopen probate, depending on the timing of when step-mom's acts are considered to have been committed, you might make an immediate claim on her estate for her acts as fiduciary. Time might be very short. Zigner may know more about realistic possibilities than I do. He certainly gave the only real advice you can use to have a chance, consult a probate attorney. You must act fast or risk losing some of the possible arguments.

All of that assumes dad died in a state that gives intestate succession rights to direct descendants and there was no will in probate. The second possibility has to do with step mom knowing you were alive and who was the executor of dad's estate.

 

[Dandy Don]

If you know what county and what city the estate was probated in, get a probate attorney who lives in the same city where the probate court is located. Attorney will need to look at the will that was probated to see if there is anything wrong with it, or to find out if there was even a will submitted. If you had been named as a beneficiary in the will, the executor most likely would have sent you a copy if she/he knew your mailing address. Do not get your hopes up to think that you will be receiving anything from this estate--it is too late. You should have asked for a copy of the will when it was probated and gotten the assistance of an attorney then, but it is understandable that you were not fully informed about what was going on. Sorry to say, but it happens quite frequently that people are cheated out of their inheritance, due to greed.

 

[anteater]

Sorry to say, but it happens quite frequently that people are cheated out of their inheritance, due to greed.

That is nonsense.