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Probate and Personal Representatives : Includes Executors, Court Appointed Guardian of a Minor's Estate, Administrators in Deaths Without a Will, Intestate Distribution, etc.
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  #1  
Old 10-12-2005, 01:55 PM
Junior Member
 
Join Date: Oct 2005
Posts: 1
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Need advice please


What is the name of your state? Montana
Hello,
My grandma resently passed away and named my mom executor of her will/trust. My grandma had an attorney draw up several wills. (she was always changing who gets what.) Prior to my grandma passing away, my grandma told me that she has accounts set up for my sister and myself. She also mentioned that my sister would receive the car at the time of her passing. My mother, has told us that grandma did not have a will, then she changed her mind and then told us that she didn't have anything left in her will. My question is, are we able to view the will? If so, do we need to contact my grandma's attorney to view it? (My mother has refused to let us see it.) I am not sure if we have a legal right to view it? Also, if there was something left to us, and my mother has accessed all the funds and spent the money, what would be our next course of action? or is there one?
I really appreciate your time on this.
Thank you so much,
Tracey Pitsenberger
[email]tpitsenberger@gotodsi.com[/email]
  #2  
Old 10-17-2005, 10:03 AM
Senior Member
 
Join Date: Apr 2002
Posts: 9,344
The problem here is that with so many wills it's going to be hard to determine which one is valid for probate.

You could hire a private investigator for a thousand dollars to do a financial background check on your grandmother to find out where she did her banking, but the best bet will be for you to hire a probate attorney to get probate opened up for this estate so that your attorney can ask the judge to ask mom to produce the will for probate. Then she will have to officially account for all of the assets and your attorney can then ask her about the bank accounts. Mom is up to some funny business.

Let's hope she didn't get power of attorney and drain the bank accounts or have the will changed to delete the grandchildren as beneficiaries of it. If you were beneficiaries of the trust you should have been notified by now.

Normally the will is filed within 30 days after the death, at the county courthouse probate court, so check there first.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
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