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Father died and left me 1/2 and stepmother has given me nothing

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metonea

Guest
My father died over a year ago. My stepmother has just allowed me to see the will which says I am entitled to half of his assets but leaves her as executor of the estate. I have been given nothing. I know my father owned the house she is living in and had stocks, etc. worth over $100,000. What should I do? And what if she has put the money somewhere I can not get to it. We live in Mississippi.
 


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advisor10

Guest
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]
 
M

metonea

Guest
Thank you for the advice. How do I email you personally? Also, I am his only child. She has an adult daughter and is not included in the will. They were married for five years and I am in my forties, stepsister is in her fifties. He had no debts that I know of--house paid for, etc. Stepmother and I are the only ones named in the will. She told me there was no money left. She has lived in that town all her life and I live about 3 hours away. I am afraid the lawyer I find may be a friend or relative if I get one from her town.
 
A

advisor10

Guest
JUNE 29, 2001

DEAR METONEA:

If you want, you can ask an attorney to file a petition with the court that would force the stepmother to produce the will for probate if she has one. Her claim that there is no money left may or may not be true, but it is not really believable. If stepmother doesn't want to go through the probate process where all his assets are officially recorded, along with the debts and estate expenses, then you or your attorney or someone else in the family needs to go ahead and file to be his personal representative to perform the same functions that an executor would.

It's not fair for this stepmother to claim his bank accounts and his other assets without going through the legal process.

If there is no will, then his assets including the house will be divided up according to Mississippi intestate law.

My e-mail address is the same as the signature at the bottom of each of my postings, so you can reach me there.

You don't need to be unduly concerned about getting a lawyer in the same city unless it is a very small town. You can ask the attorney in advance if there is a conflict of interest or if they have ever represented this stepmother before. If you can't get an attorney in the same city where the person died, then at least try to get one in the same county.

SINCERELY,

[email protected]

 

prideluv

Member
Good luck. I would like to know how things turned out for you. I was in the same situation and guess what? Even with certified and witnessed copies of the will, all she has to say is, he tore it up or he destroyed it and there is no way of proving her wrong since she has it. The one good thing you have going for you, providing your state works like mine, is that if she is not on something or the benefiecery, then you will get a portion. But unfortunately, it might be too late. Many states have a one year statute of limitations to file. Also, my expereince with lawyers was unless I could hand them everything on a silver platter, they wouldnt take the case without thousands of dollars upfront. Feel free to read my story. I hope that someday we can change the probate laws and in the meantime maybe we can save others.
 

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