Falsley claimed there was no will

[amall0y]

What is the name of your state (only U.S. law)? TN.
I have a question on what happens when you find out someone has falsely claimed there is no will in court in order to gain sole administration over and estate. Unfortunately this has happened in our family.

My husbands grandparents had both unfortunately deceased in 2009. They had both been upfront and told my husband exactly what they were leaving him (money and a lot of land). The grandfather passed first and his grandmother again went over with him what was written in the will so he would know.

After the grandmother passed my husbands mother, an only child, took me aside before the funeral and told me that as executor my husband would not be getting any of the inheritance. We let it go and deal with it at the reading of the will. She just mailed us a photo copy of a court document where she had gone to court and swore there was not a will and became sole administrator of the estate. Since we had only heard from the grandparents about the will and what they were leaving him and not seen it (they left the will with his mother) is there anything that we can do?

Thank you for any advice.

 

[Zigner]

What is the name of your state (only U.S. law)? TN.
I have a question on what happens when you find out someone has falsely claimed there is no will in court in order to gain sole administration over and estate. Unfortunately this has happened in our family.

My husbands grandparents had both unfortunately deceased in 2009. They had both been upfront and told my husband exactly what they were leaving him (money and a lot of land). The grandfather passed first and his grandmother again went over with him what was written in the will so he would know.

After the grandmother passed my husbands mother, an only child, took me aside before the funeral and told me that as executor my husband would not be getting any of the inheritance. We let it go and deal with it at the reading of the will. She just mailed us a photo copy of a court document where she had gone to court and swore there was not a will and became sole administrator of the estate. Since we had only heard from the grandparents about the will and what they were leaving him and not seen it (they left the will with his mother) is there anything that we can do?

Thank you for any advice.

Sure, produce a valid copy of the will. If you can't do that...the estate will pass per the intestate succession laws.

ETA: By "valid copy" I mean - produce the will.

 

[Dandy Don]

Have you checked at the county courthouse probate court to see if probate has been officially opened for the grandmother? What date did the grandmother die and what date (month and year) did the grandfather die? You all should have been checking on this when grandfather first died--why did you wait so long to do nothing? Look at your grandfather's probate file to SEE IF HIS ESTATE HAD A WILL or whether it was processed as intestate probate (meaning without the will). Did your husband's mother also have power of attorney to allow her to handle her parents' financial affairs? Unless you know the names of the witnesses to the wills (who might be able to provide an affidavit to verify that a will existed), you are out of luck to be able to do anything in court unless you know where the will is, because the husband's mother probably deliberately destroyed it so she could get everything. You could always discuss this with a local probate attorney if you wish.

You may want to place a local classified ad in the newspaper asking for anyone who might have information about their will to contact you or your attorney, if you think an attorney may have helped them with drawing up their wills.

 

[curb1]

Do you know what attorney grandparents used?