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Clueless

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Sensory

Junior Member
What is the name of your state? MS

My Mom recently passed away and I remember that she had a will created for her Husband (My Stepfather) and Herself prior to my Stepfather's death. When he passed away my Mom had his will probated. I can't remember who they used as an attorney when it was created, nor do I have a copy of the will. My Sister was given Power of Attorney and she has a copy of the will. It has now been two months since my Mother's death and I have been told nothing by my Sister nor have I seen my Mom's probate in the local paper. My Sister and I have not been on very good terms the last couple of years and at the funeral she said nothing to me about Mom's assets. Prior to my Mom's death (approx June 2005) Mom's home was put on the market and sold by my Sister for approx. $148,000 and Mom was then moved into my Sister's home due to Alzheimers. I do know that my Mom's home was included in the will as it was totally paid for. If I remember correctly, my Mom told me a few years back that in the will the home was to be sold after her death and the proceeds of the home along with 30,000 in Life Insurance & a 20,000 & a 40,000 CD were to be divided equally between myself, my brother & my sister the poa. While living in my Sister's home, she also had income coming in of approx $3,000 per month until she passed away on May 17, 2007. The income alone coming in monthly was enough to cover any sitters or medical bills that may have arisen prior to her death. Her monthly income was going into a joint checking account with her & my Sister's name until the move. After the move, I know my Sister changed to a bank closer to her home. I have no idea if Mom's name was even on the new account that was opened. I am afraid if she had a will and not a trust that the proceeds from the sale of Mom's home went into my sister's checking account and was used to help establish my Brother-in-law's new Construction Business which he started the month that my Mom was moved into their home. I feel my Sister is trying to avoid me and my questions & perhaps may try to not include the proceeds from the sale of the home in the total estate. I have contacted my Sister several times since Mom's passing and was told by her that she had sent the death certificate into the insurance company, but had received nothing at all from them. I, in turn, asked her had the will been probated yet and she responded by saying no she hadn't begun that yet .....she was waiting on the Insurance Company to pay off. That was over 3 weeks ago and I have heard nothing else. I have no idea what legal rights I have as a legal heir who the attorney was that created the will or where I should go from here.
 


divgradcurl

Senior Member
Your post was a little hard to understand, but probably your best bet is to hire your own attorney and open probate on your mom's estate, then you can start unravelling things from there.
 

curb1

Senior Member
The insurance proceeds will go to whomever is listed as beneficiary on the policy. Someone correct me if I am wrong, but the insurance money will be outside the probated estate. I would say really keep trying to open up communication with your sister.
 

seniorjudge

Senior Member
Give us a timeline.

Use your ENTER key.

It makes paragraphs.


Anditseasiertoreadbutitshardtoreadifyousmusheverythingtogether.
 

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