What is the name of your state?What is the name of your state? Nebraska
My father in law recently passed away. 9/11/05. He was divorced and my husband was his only son. (Legally adopted by him and his biological mother).
Apparently there was no will on file at the courthouse. But, my father in law did have a will. We found it in his belongings. The original signed will. Before our lawyer could enter it at the court house, we got a surprise visit my husband aunt (One of My father in laws' sisters) and 2 police offficers. The sisters are contesting that the will was any good. In the will, my husband is the personal representative, and everything was left to him, to take care of. The sisters are trying to say my husband was never legal adopted. But, in fact he was and we now have papers to prove that. Anyways, the sisters came to our house with the officers and they had a court signed document with todays date on it, appointing her Personal Representative. The sisters knew that there was will. We just couldn't find it at the court house. We told them we had a copy. My question is, how can the courts appoint a personal representative, with out investigating, the will and its contents, or contacting the lawyers involved. Can any relative just walk in to the court house and say, "I want to be personal representative", regardless of what the will says? Even if we had not found the will, my husband would be rightful heir. The officer told us that her document takes precedence over the will, because it was signed by the county judge and it was more recent.
What's the point of having a will?
thank you
Dee
My father in law recently passed away. 9/11/05. He was divorced and my husband was his only son. (Legally adopted by him and his biological mother).
Apparently there was no will on file at the courthouse. But, my father in law did have a will. We found it in his belongings. The original signed will. Before our lawyer could enter it at the court house, we got a surprise visit my husband aunt (One of My father in laws' sisters) and 2 police offficers. The sisters are contesting that the will was any good. In the will, my husband is the personal representative, and everything was left to him, to take care of. The sisters are trying to say my husband was never legal adopted. But, in fact he was and we now have papers to prove that. Anyways, the sisters came to our house with the officers and they had a court signed document with todays date on it, appointing her Personal Representative. The sisters knew that there was will. We just couldn't find it at the court house. We told them we had a copy. My question is, how can the courts appoint a personal representative, with out investigating, the will and its contents, or contacting the lawyers involved. Can any relative just walk in to the court house and say, "I want to be personal representative", regardless of what the will says? Even if we had not found the will, my husband would be rightful heir. The officer told us that her document takes precedence over the will, because it was signed by the county judge and it was more recent.
What's the point of having a will?
thank you
Dee