Wondering what to do next if anything

What is the name of your state? Michigan
My father passed away. Me and 3 of my siblings are wondering if we are in his will. He was divorced from our Mother 16 yrs ago. His 2nd wife also has 4 kids from another marraige. Before he died I think she was given power of attorney. Also, we were told that he left everything for his 2nd wife and when she dies it will be split between the 8 kids. I am pretty sure there is some sizeable worth here. Is this a normal situation in a case like this? It sounds too easy but hey, maybe that is what he really wanted. How do I know what is the truth without ruining my relationship with her? I certainly don't want to make her mad and ruin it for myself. Any help would be great.

Normally the will is filed within 30 days of the death at the county courthouse probate court, so check there to see if it has been filed yet.

It would be very odd and unusual for your father not to mention you in his will, so I suspect that this second wife persuaded him to create a new will that left the kids from the first family out. Take the will to an attorney to determine if you have grounds for contesting it. You will also need to find out more about other assets he may have had--life insurance (which might have named kids as beneficiaries), pension plan, certificates of deposit, etc.

Don't believe the lie that she is going to leave you all anything in her will--that is just a trick designed to throw you off guard and make you think you will be getting something, when actually you won't--when she dies, you'll get the unpleasant surprise of finding out that she didn't leave you all anything at all!!

DANDY DON IN OKLAHOMA ([email protected])

If there is no WILL then there probably is nothing to contest right?

If we were beneficiaries in a life insurance policy, pension plan wouldn't they contact us?

Also, the problem with finding anything out is going to alert "you know who" and she is not one to go against and that would be just enough to ruin any chance of us kids getting anything. I agree with the smoke screen tactic she has portrayed by saying when she passes it will be split 8 ways. HA, there won't be anything left to split and I am sure it won't come this direction.

We just kind of feel powerless in this whole situation.

How long ago did the death occur? If no will is filed at the county courthouse within 30 days after the death, then start talking to a probate attorney to find out what your next step should be (whether or not to file as administrator/executor to get probate opened up), although I'm sure that evil stepmom will probably be filing to open up probate in the very near future so that SHE or her attorneys can be executor and claim the executor fee.

If there is no will, then your position is even stronger, because children have rights to an automatic portion of the estate if there is no will. Since stepmother's attorneys are working only on her behalf and feel no obligation to tell you anything, if there is no will you will need to get your own probate attorney to help you get what is coming to you from this estate.

Yes, if you were beneficiaries, the company should be contacting you if your father reported the last known address where you lived, but it is always better for a potential beneficiary to be pro-active and contact the employer company to find out the names of the insurance company and pension plan/benefit company so you can find out that information yourself.

You can request a copy of the will directly from the courthouse and there is no way she will ever find out about that, since a will is public record that anyone has a right to request information on.

You need to stop being "afraid" of upsetting this lady. She is the one who is in the wrong by denying you information about your father's estate and I'm sure she has probably done everything within her power to greedily TRY to keep everything for herself and her kids and leave you all out in the cold, but it won't work if you at least get an attorney to help you get more information about these estate assets and to guide you through the probate process. It's time for you to grow up and respectfully but firmly and politely get what is rightfully yours. Get the copy of the will and then talk to a probate attorney to find out what your rights and options are, and then you won't feel so "powerless" anymore.

DANDY DON IN OKLAHOMA ([email protected])

Okay, got a copy of the will from courthouse. It looks like stepmother is successor trustee. It also list her as "personal representative." There is a statement that says "estate shall not be subject to supervised court administration".

It looks like there is a trust but she most likely is in control of that, right?

Dandy Don or whoever, What exactly does this mean?

Does the will mention your name as a beneficiary and does it say what you or the other heirs will be getting as far as specific amounts or specific items?

I am guessing that all of the major assets have been put into the trust and therefore it would seem there is no need for probate, so possibly the will is of no value and may have been filed as a formality. This is a somewhat unusual situation that I have not come across before. The confusing part is, why would she file to be personal representative if technically there is no estate to be probated. If it is possible for you to go to the courthouse and look at the actual probate filings, you need to do so to see if any amount of estate value has been declared, and if possible, while you are there, get a copy of EVERY DOCUMENT in the probate file or at least look at EVERY DOCUMENT to see exactly what is in the file right now. Wills are public record that anyone can look at and you should be able to look at the entire file simply by making a polite request to see the file.

The probate file should contain the name and address of the primary/official trustee and you need to find out who that person is. A successor trustee is someone who takes over in case there is some reason that the primary trustee can not serve, but for your purposes now, the successor trustee serves no function right now in probate or trust matters.

You need to be talking to a local trust attorney (one in the same city/county where the estate is being probated) to find out whether you have the right as a potential beneficiary (who may be listed in the trust) to send the primary trustee a certified letter requesting a copy of the trust and accounting information about the value of the trust. Some states allow the letter, other states do not allow it. If primary trustee's name is not in the probate file, then you need to send the personal representative/successor trustee a certified letter (or call her) to ask who the primary trustee is.

Certainly a most interesting situation--she is trying to keep everything secret, but if you are patient and persistent, eventually you ARE going to find out what you are entitled to from this estate!!!

DANDY DON IN OKLAHOMA ([email protected])

There is no mention of any name except his wife in the will. No beneficiaries or heirs are even mentioned in the will. This is the only document in the file at the courthouse under his name.

Does the will mention anything about the assets of the estate or what they are worth or is it just a general statement saying that the wife gets everything? How many pages is the will? How many witnesses signed it?

No mention of what they are worth and every statement basically says it goes to the trust. Its only 5 pages total. 3 people signed and 2 of those are attestation witnesses. I wish I could explain it more but I have a feeling there is not much to explain. I will try to have somebody look at it as soon as I can. I really wish I could find out who is the primary/official trustee.