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Will -Does this sound right?

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Avalon

Member
What is the name of your state? NJ

My uncle, who lived in WA, died this summer. He had no children but a second wife. Much to my surprise, I received a check for $5,000 from his estate a few weeks ago. He had left outright $5K cash bequests to all his siblings upon his death -- since my father (his brother) is dead, and I'm an only child, I got his full share.

The accountant who sent the check included a copy of the amendment to his will that was done in May before he died. I noticed my name on one of the pages, but there was a page missing. I couldn't figure out why my name was mentioned but I didn't see the names of the children of my uncle's other deceased sibling. So I asked the accountant for the missing page.

I received it today. What it says is the siblings each get $5K, that two of the siblings are dead so their issue gets their shares. (No mention of names of the "issue")

However, in another paragraph, there is a $5K gift to my name specifically. Technically, it looks like I should have gotten my father's share, plus another $5K designated specifically to me.

I called the accountant. She said she was there with his lawyer when the amendment was drafted, and that was not my uncle's intention. He wanted to treat everyone equally. I asked why he mentioned my name specifically and not my other cousins. She said he remembered my name but couldn't remember theirs. Then why wasn't there a paragraph for them, even if he didn't remember their names?

I don't want to sound greedy because I really never expected anything....however, I am suspicious because they left out that key page when they sent me the amendment. I also thought perhaps my uncle gave me a bit extra because I was one of the only cousins who kept in touch w/him, so it's not that far-fetched an idea. She can tell me what his intentions were, but how do I know her interpretation is correct?

Any suggestions?
 
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divgradcurl

Senior Member
Based SOLELY on what you have written, it sounds like you would be entitled to the specific bequest to you, as well as your father's share. The deceased's intentions are irrelevant -- what is actually written in the will is what should happen. That said, only you can decide how hard you want to pursue this.
 

Avalon

Member
Thanks, that's what I thought. Here, I think this makes it even more clear -- there were four paragaphs in the Specific Cash Bequest section:

#1 - $5K each to the siblings (siblings are named). 2 siblings (named) are deceased and have living issue, so their share goes to their issue. (issue not named)
#2 - $5K each to the wife's two children (they are named)
#3 - $5K to (MY NAME), or my issue if I'm deceased
#4 - $125K to his wife

Doesn't it sound like he wanted me to have more than just the sibling's share? Why would his lawyer allow him to insert Para. 3 if I was already taken care of in Para. 1? (His lawyer is an estate planning specialist so he should know, right?)

I realize it will cause a problem with his wife and maybe the siblings if I pursue this, but this does not sound like just a technical error in the will. It sounds someone didn't want me to have that page because they knew I was entitled to $10K. The accountant reminded me that after the wife dies, the rest of uncle's estate gets split up between the siblings and I would get my father's share. OK, but the will says I get $10K now....

Do I have to get a lawyer to contest this, or is there any way I can pursue it myself before going that route? I don't know who the executor is....probably the wife, unfortunately (whom I really don't know)...or maybe that accountant. If I have to hire an atty, would that be worth it, financially?

Thank you!
 

Avalon

Member
Sorry to bother you again, but actually, I think I read that you can only contest a will if you think it's not valid.....I'm not saying it wasn't valid, I'm saying I didn't get what I was supposed to get.....??
 

divgradcurl

Senior Member
Your best bet is to simply talk with an attorney, probably one in Washington where the probate occured, and find out if there is anything you can reasonably do, and how much it might cost. If the other parties involved aren't willing to consider your side of the story, then they only way to compel something is via the courts. Find a lawyer who can review all of the relevant facts in your case and advise you accordingly.
 

Avalon

Member
Thank you, Div....the atty who did my will said he'll take a look at the documents for me and let me know what he thinks....I'll go from there. I probably wouldn't be pursuing this if they hadn't sent me a copy of the Living Trust amendment that was conveniently "missing" the page that said I was entitled to the siblings' share and my own share.
 

Dandy Don

Senior Member
IF there is a living trust, that is a separate document from the probated will and trust matters are handled separately and privately from the probated will. Your attorney will need to look at all documents in the probate file to see exactly what the will says, and may need to look at Washington state law to see if you have the right as a trust beneficiary to request an entire copy of the trust (if you were named as a beneficiary in it) and an accounting statement for each year the trust was in existence. Looks like you (hopefully) will be coming into an extra $5K--good for you!!

There should also be an indication in the file of whether or not the executor posted an executors bond (unless there was a specific mention in the will exempting this requirement), so your attorney may want to consider filing a claim with the bonding company if there is proof of financial irregularity with the estate.

DANDY DON IN OKLAHOMA ([email protected])
 
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Avalon

Member
Wow, Dandy, lots to think about. Seems like the legal fees for all that might in the end be more than the gift itself. Well, my lawyer is going to write a letter pointing out their "mistake" and we'll see what happens. Thanks for your advice and I'll let you know if I'm successful.
 

Avalon

Member
Update on this case: I had my lawyer (the atty who wrote my will) write a letter to the accountant asking for the additional $5K. Lots of kicking, screaming and name-calling later ("greedy" I was called, by this so-called professional), I received the $5K. My uncle's wife included a nasty letter to me (she also called me greedy), but she said her atty said it would cost more to contest the matter in court. She is still claiming this was a mistake, but I've gotten no reasonable explanation on how this mistake could have happened. The attorney who drew up this document has been strangely silent; I would think if this had been an honest mistake, he could have easily (and professionally) explained how it happened.

Oh well....it was ugly but all I'm out is the atty fee for writing the letter. Thanks to all who helped.
 

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