well............
OK.... THIS is the reason I keep asking for advice on here rather than jump to hire an attorney right away.
I AM THE OFFICIAL EXECUTOR of her estate, however my SISTER has the only document that verifies that. (1998 will)
My mother had a will in the late 70's. My mother and I were estranged then, and she left all of her property to my sister and her husband. They are now divorced. About 10 years later, my mother drew up another will, and my sister and I were given 50/50 of the estate. (I could deal w/ that) Meawnwhile, in 1998- my mother realized that my sister was paying her own bills through my mother..... electric bill ("momma stay here 3-5 days a week").... groceries (momma eats here"). My mother bought a luxury car in 1997. Sister and her hubby decided mom could not drive safely, took her keys and her car. Sold the car... $$$$$
In 1998, my mother had her NURSE to take her to the JAG office and make a new will. This is the will that names me as sole beneficiary-- I AM TOLD, even by my sister. My mother returned home, called me and told me what she had done. THis conversation is on tape. She also told many relatives.
When I realized my sister had packed my mothers apartment, shortly before her death, I was furious. She tells me that SHE knows momma left me her furniture, etc, etc. When I got to the funeral, my sister said I could come by and take what I wanted from the storage utility, ( also paid through my mothers account, even though half of the things in there belong to my niece, currently in Germany)
I did notice that major items were not in the storage utility.... washer/dryer/refrigerator, dining room set........ but I did see 2 things I dearly want, and my mother made it clear they were mine.
NOW WHAT I'm "lagging" for...
I am named as EXECUTOR in the 1998 will. However, I cant SERVE as the executor until the will is probated.....
I have none of these wills. MY sister has the latest one... (1998)
If I piss her off, she could destroy it..... and I have ZERO. She could clean out the storage room....and I lose again. The JAG office is looking for a skeleton copy, but it will be unsigned, and therefore useless if a SIGNED one is produced...
If I hire a lawyer, and demand the will be probated NOW, then I could piss my sister off and lose everything. I plan to call her this week, and let her (innocently) know the address does not matter as much on the death certificate, and that I think she needs to go ahead and probate the will. I mean, if I just wait and let her get a corrected certificate, she files for the life insurance policy, and BOOM realizes that I am the beneficiary- won't she be forced to go through me before doing anything with it? In addition, if I DO get a copy of the death certificate, take it to probate court, they will use the one from the 70's.... unless my sister produces the 1998 one. There again, I am screwed.
SO......... tell me once again, after you have read all of these additional facts, and tell me what to do. Step-by-step..... as I am "legally ignorant"..... and I won't drag my behind. I just think there is too much to lose to risk pissing my sister off.....
THanks again!
Let me be sure I understand you-- my sister can not get access to the life insurance policy, cash it, or deposit it into my mothers account, and then pay bills from it, mainly a medical bill, correct. As I understand, even if she DOES get the policy, she can't do anything with it, since I am the beneficiary, correct?
sorry this is almost a novel, but I wanted to tell you all the facts, so I don't have to post again and make you think I am stupid.