What is the name of your state (only U.S. law)? NY
I'm actually asking this question for a friend. Her father passed away about two years ago, and they had been estranged for about 15 years. I've actually been trying to help her deal with personal/family issues because her mother (long divorced from her father) had passed away within a year prior, and they were estranged as well. She has been pretty torn up about not being able to mend fences, especially with her dad, before he died.
I finally got parts of the family back in contact (I've been a close friend of her and her brother for 30+ years). She was beginning to get through the emotional part, finally. But it has come to light that her uncle (father's brother) has hired an attorney, having something to do with her late father's inheritance.
She's really just hoping there was a message, a video, a note to her, or something like that. But as it turns out, her father was actually extremely wealthy. At this point, she's really not showing any interest in a possible inheritance, but the family has been seriously struggling for years (to the point of not being able to afford basic medical care and often having utilities cut off, etc.). Also, her brother (they are the only two children of the deceased) had a great career, and is now back to work after being laid off for 4 years. I believe he will recover, but he is struggling in the meantime as well.
There was nothing said to either of them about a will or inheritance after their father passed, and apparently neither of the children looked into it, either. They did receive a call from an attorney who represented their father's union about some possible funds, but I guess in trying to avoid hard feelings they never pursued it. (The brother of the deceased who has now hired an attorney was angry when they asked him for more info, so it was avoided after that.)
As far as I know, the deceased never remarried, because his family did not approve of remarriage. He did have a serious relationship with a lady, and I'm not sure if that relationship continued to his death. He was survived by two brothers, possibly a sister, nieces and nephews, and these two children as well as their children (his grandchildren).
He also had medical treatment at the end that could have accounted for considerable expenses, if he had no health insurance, though I am doubtful it could have cost the amount he was reported to have.
Sorry that was long, but I really know nothing about probate and wills, etc. and wasn't sure how much would be relevant.
The thing I am wondering is, if there was a will, wouldn't his children have been notified to be present for the reading, or at least notified if there WAS a will? Or if they were excluded, could it all have been handled without anyone telling them?
The other thing I am wondering is, if there was no will, do they need to do something to inherit from him? Or would they have been contacted by someone?
I'm also a little confused about the brother of the deceased having hired an attorney now two years after the death. Would the children of the deceased be notified of any suit he might be making against the estate?
This whole scenario is confusing to me, and I'm not sure what could be happening, or what I might suggest to my friend that she do. Family relations are of the greatest importance to her, but I do know she and her children could really benefit from being able to afford at least some medical care.
(I'm not in NY, but I'm guessing that's the law that would apply, since that is where the deceased lived.)
Thanks for any help, and I hope you'll understand that I am asking for a friend. She did ask me what all this could mean, and she doesn't have a computer or any way to get online, and doesn't know how to search for information. I told her I'd find out what I could.
I'm actually asking this question for a friend. Her father passed away about two years ago, and they had been estranged for about 15 years. I've actually been trying to help her deal with personal/family issues because her mother (long divorced from her father) had passed away within a year prior, and they were estranged as well. She has been pretty torn up about not being able to mend fences, especially with her dad, before he died.
I finally got parts of the family back in contact (I've been a close friend of her and her brother for 30+ years). She was beginning to get through the emotional part, finally. But it has come to light that her uncle (father's brother) has hired an attorney, having something to do with her late father's inheritance.
She's really just hoping there was a message, a video, a note to her, or something like that. But as it turns out, her father was actually extremely wealthy. At this point, she's really not showing any interest in a possible inheritance, but the family has been seriously struggling for years (to the point of not being able to afford basic medical care and often having utilities cut off, etc.). Also, her brother (they are the only two children of the deceased) had a great career, and is now back to work after being laid off for 4 years. I believe he will recover, but he is struggling in the meantime as well.
There was nothing said to either of them about a will or inheritance after their father passed, and apparently neither of the children looked into it, either. They did receive a call from an attorney who represented their father's union about some possible funds, but I guess in trying to avoid hard feelings they never pursued it. (The brother of the deceased who has now hired an attorney was angry when they asked him for more info, so it was avoided after that.)
As far as I know, the deceased never remarried, because his family did not approve of remarriage. He did have a serious relationship with a lady, and I'm not sure if that relationship continued to his death. He was survived by two brothers, possibly a sister, nieces and nephews, and these two children as well as their children (his grandchildren).
He also had medical treatment at the end that could have accounted for considerable expenses, if he had no health insurance, though I am doubtful it could have cost the amount he was reported to have.
Sorry that was long, but I really know nothing about probate and wills, etc. and wasn't sure how much would be relevant.
The thing I am wondering is, if there was a will, wouldn't his children have been notified to be present for the reading, or at least notified if there WAS a will? Or if they were excluded, could it all have been handled without anyone telling them?
The other thing I am wondering is, if there was no will, do they need to do something to inherit from him? Or would they have been contacted by someone?
I'm also a little confused about the brother of the deceased having hired an attorney now two years after the death. Would the children of the deceased be notified of any suit he might be making against the estate?
This whole scenario is confusing to me, and I'm not sure what could be happening, or what I might suggest to my friend that she do. Family relations are of the greatest importance to her, but I do know she and her children could really benefit from being able to afford at least some medical care.
(I'm not in NY, but I'm guessing that's the law that would apply, since that is where the deceased lived.)
Thanks for any help, and I hope you'll understand that I am asking for a friend. She did ask me what all this could mean, and she doesn't have a computer or any way to get online, and doesn't know how to search for information. I told her I'd find out what I could.