JUNE 25, 2001
DEAR METONEA:
First, you need to check at the county courthouse (of the city where your father died) to find out if his will was ever filed for probate. (If you need the phone number and address for that courthouse, send me an e-mail message and I can find it for you). If the will is on file, you can get a copy of the will and every other document that is in the probate file to see how the financial affairs of the estate were handled.
If the will has not been filed, then you need to ask the stepmother why it hasn't been filed, since normally the will is supposed to be filed within 30 days after the person's death.
The fact that she hasn't given you any information until now is somewhat suspicious. It looks as if she has stalled for time to give her time to claim all the assets for herself and not really let anyone else in the family know what is going on. Are there other beneficiaries in the will besides you, and have they received anything? Have you asked her directly where is your share of the estate, and what does she say about that?
After you find out whatever information is available at the courthouse, you need to seriously consider hiring a probate lawyer who lives in the same city where your father died, as he can begin the process of helping you claim your share of the estate, if there was anything left over for you to claim. With the size of the estate you mentioned (worth more than $100,000), it seems as if their should have been enough assets left over to give something to the beneficiaries, after taxes, funeral expenses and outstanding debts were paid. Also, the attorney can possibly have your stepmother's spending/bank accounts audited to see how she has handled her money and if she received any large amounts improperly.
SINCERELY,
[email protected]