Dunno What to do? Father passed away

What is the name of your state (only U.S. law)? Connecticut

My father passed away 2 weeks ago.

I have 4 brothers and a sister.

my father was remarried and the deed to his property had him and his wife as joint tenants.

so it seems that the property goes to her outside of any will?

anyway there was a will written with his previouis wife but one of her sons went down to probate and they said he did not give it to them when he found out the property was transfered through survivorship.

my main question here is.. how do I find out what his estate is worth? retirement? autos? etc..? the two ladies at the probate office tried to make me feel like I should do nothing?

I do not have a copy of the will it was written with one of his ex-wives that is not my mother.

the ladies from the probate office gave me a form: (application/administration or probate of will)

but I don't see how I can fill this out when I don't hold the will nor do I communicate with the family who has it.

I want to make sure I know what his estate is worth and me and my sibblings get our proper share...

any advise on this would be greatly appreciated.

thanks for taking the time to read this.

Paul M.What is the name of your state (only U.S. law)?

so it seems that the property goes to her outside of any will?

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If that is a question, then the answer is "Yes."

I want to make sure I know what his estate is worth and me and my sibblings get our proper share...

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Wouldn't his surviving spouse have some idea?

my main question here is.. how do I find out what his estate is worth? retirement? autos? etc..? the two ladies at the probate office tried to make me feel like I should do nothing?

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Keep in mind that he may have had designated beneficiaries on other assets. Or they may also have been owned jointly with right of survivorship. There may be no assets that need to be probated.

the ladies from the probate office gave me a form: (application/administration or probate of will)

but I don't see how I can fill this out when I don't hold the will nor do I communicate with the family who has it.

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If whoever holds the will is not going to submit it for probate, then your recourse is to open probate yourself and petition the court to compel whoever holds the will to produce it.

thanks for your input.

To my understanding a retirement or an auto in his name would be part of his estate?

what do you think the chances are that the retirement fund would not be part of the estate or a personal auto?

basicly if I file papers with probate and they force who ever to bring in the will...

will they find out what the estate is worth? because if it's less then 40,000 then they said it won't go through probate... but who determines how much it is?

Paul

wanted to add something else that may sound a little crazy. but the deed as joint tenants had his wife's first and last name listed as joint tenants no middle name. well this is the exact name of my sister so can she claim the property? the deed is only signed by my father and 2 witnesses

Paul

To my understanding a retirement or an auto in his name would be part of his estate?

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"Retirement plan" is an awful generic term and can cover a lot of ground. Defined benefit plan, 401(K), etc. But, generally, if there are benefits available to survivors, then it is likely, but not absolutely required, that there is a designated beneficiary/beneficiaries. If there is, then it would not be part of the probate estate. An auto - depends upon how it is titled.

what do you think the chances are that the retirement fund would not be part of the estate or a personal auto?

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I have no idea.

basicly if I file papers with probate and they force who ever to bring in the will...

will they find out what the estate is worth?

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Who is "they?" There's no "they" out there that are magically going to make things happen. If you want to find out all this stuff, it is up to you.

but the deed as joint tenants had his wife's first and last name listed as joint tenants no middle name. well this is the exact name of my sister so can she claim the property?

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I guess that she could try. But I suspect that there are a number of people to testify to your father's intent and it would be a useless effort.

ok

well the they is I guess (probate)?

I don't even know my fathers new wife. so basicaly what I am getting at. if I file papers with probate. will they (at probate) then ask her about the falue of his estate?

Paul

Paul, if you force probate by hiring a lawyer and filing a lawsuit, the court will want to know all sorts of info from all heirs.

what if?

what if I wanted to represent myself?

Paul

if I did need a lawyer how much should it cost?

? don't have a lot

seniorjudge said:

Paul, if you force probate by hiring a lawyer and filing a lawsuit, the court will want to know all sorts of info from all heirs.

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But, SJ, the court may want to know. But Paul is the one who will have to know the questions to ask how to ask the court to order it produced. "They" (the good folks at the probate court) don't spend a whole lot of time thinking up questions and running around getting the answers. That is the executor's job.

Paul, this is the first result of a quick internet search - a basic guide to CT probate:
Connecticut Probate and Estate Settlement Guidelines

And, if you want to do the deep dive into the statutes, go here:
TITLE 45a PROBATE COURTS AND PROCEDURE

thank you

I looked at the law sections already but I will review the other link and the law again.

I am just concerned there may be money in an account that is part of his estate along with personal property like autos. he may have even been partners in some auto business

Paul

I'm wondering how close you and your father could have possibly been if you don't even know his wife...

I guess this is all about the money.

my dad

my dad left my mom when I was 2 so I did not know him at all. I saw him like 3 times in 35 years.

does this have anything to do with his estate and who is entitled to it?

Paul

2paulm said:

my dad left my mom when I was 2 so I did not know him at all. I saw him like 3 times in 35 years.

does this have anything to do with his estate and who is entitled to it?

Paul

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Not really, Paul.

But you may be taking a long, hard trek to the well. Only to find that it is dry.

I hear you

I hear you anteater.

and thanks for all your good advise.

I would just hate to have missed out on something I did not know about. his new wife is already taken care of pretty sweetly with the property and I don't feel bad about trying to get a share if there is anything in his estate.

but thanks for all the good advise

I am going to try and call his former wife to get the original will maybe I will bring it down to probate myself.

Paul