finding out about a will

[sofiacapri]

What is the name of your state? CT
When a will is made, does the attorney who prepared it file it with the state or county? If not, how can I find out if a relative had a will? I was told by my uncle he was going to leave a small sum of money to my brother and myself. I thought he prepared a will a long time ago. Unfortunately, he developed a terminal illness and was put in a nursing home and went on Title 19. My aunt turned over all his assets to the state. When he died, my aunt said he had some debts that needed to be paid off with the small amount of money he had in an account. Doesn't the state take over that money? Would they pay the creditors? She said he did not have a will. Is there a way to find out if this is true? Is it possible he had a will but she just didn't turn it in because his assets were less than $10,000?

 

[BlondiePB]

What is the name of your state? CT
When a will is made, does the attorney who prepared it file it with the state or county? If not, how can I find out if a relative had a will? I was told by my uncle he was going to leave a small sum of money to my brother and myself. I thought he prepared a will a long time ago. Unfortunately, he developed a terminal illness and was put in a nursing home and went on Title 19. My aunt turned over all his assets to the state. When he died, my aunt said he had some debts that needed to be paid off with the small amount of money he had in an account. Doesn't the state take over that money? Would they pay the creditors? She said he did not have a will. Is there a way to find out if this is true? Is it possible he had a will but she just didn't turn it in because his assets were less than $10,000?

Wills are public records. Check the courthouse where the decedent was last domiciled.

 

[seniorjudge]

Q: When a will is made, does the attorney who prepared it file it with the state or county?

A: Generally, no.


Q: If not, how can I find out if a relative had a will?

A: Ask around at a family reunion. Also (as advised above) go searching in the courthouse where he lived.


Q: Doesn't the state take over that money?

A: I am not sure what you mean, but the government gets its money first.


Q: Would they pay the creditors?

A: If any money is left, it would go to pay creditors.


Q: Is there a way to find out if this is true?

A: See above.


Q: Is it possible he had a will but she just didn't turn it in because his assets were less than $10,000?

A: I don't know those folks so I don't know why or what they would do.

 

[sofiacapri]

Thank you both for your responses.

If I go to the courthouse, I would just look to see if there was a will in my uncle's name? If there is no will, that means my aunt did not file it, correct? If not, there would be no other way to find it I assume.

I'm sorry if I didn't articulate clearly, my uncle was on title 19 for about a year, then went off it for the 3 months before he died simply because he had to spend down the money from his pension and my aunt never bothered to reapply as he got sicker. We visited him often, and he would bring up the will only outside my aunt's presence. I think it was because she was the second wife (my uncle's first wife passed away; she was my mother's sister). Maybe he felt obligated in some way to say he was going to leave a little something to us, and in the end, he wasn't able to for whatever reasons.

It is not the money that is important at all. My mother feels that this woman might have been controlling him. By finding out the truth, I think it would put my mother at ease more than anything; so we are trying to find out about the will more for my mother's peace of mind. I hope that he never got around to do a will, because I think if there was any bizarre goings on, it would break my mother's heart. My uncle never had any children which was why he felt close to my brother and me.

Thank you again.

 

[seniorjudge]

Q: If I go to the courthouse, I would just look to see if there was a will in my uncle's name?

A: Yes.


Q: If there is no will, that means my aunt did not file it, correct?

A: No. If there is no will filed, that simply means that there is no will filed.

 

[nextwife]

What is the name of your state? CT
When a will is made, does the attorney who prepared it file it with the state or county? If not, how can I find out if a relative had a will? I was told by my uncle he was going to leave a small sum of money to my brother and myself. I thought he prepared a will a long time ago. Unfortunately, he developed a terminal illness and was put in a nursing home and went on Title 19. My aunt turned over all his assets to the state. When he died, my aunt said he had some debts that needed to be paid off with the small amount of money he had in an account. Doesn't the state take over that money? Would they pay the creditors? She said he did not have a will. Is there a way to find out if this is true? Is it possible he had a will but she just didn't turn it in because his assets were less than $10,000?

You can't really get Title 19 until you've used up most of your own assets. So, if he received Title 19, he would have probably outlived his assets.

Likely, if your uncle had died quickly or years ago, there may have been assets available to leave, but one must keep in mind that a lengthy residential care placement quickly eats up assets. Presume a nursing home stay would go through in excess of $5000 a month, and that's not counting medical/prescription expenses.

The state care agency and creditors need to be paid for BEFORE distributions to heirs. So, even if you ARE in the will, if there are not remaining assets, there is nothing to distribute to you.

This link provides a lot of CT Title 19 information:

http://www.medicareadvocacy.org/FAQ_MedicaidAndRelatedTopics.htm

Another link:

http://www.jud.state.ct.us/LawLib/Selfhelp/medicare.htm

 

[sofiacapri]

Q: If there is no will, that means my aunt did not file it, correct?

A: No. If there is no will filed, that simply means that there is no will filed.
__________________

I guess what I'm asking is whether or not a person has to file a will, if it exists. In other words, if my uncle left a will, is my aunt obligated to file it, or can she just say there was no will.

 

[Betty]

__________________
I guess what I'm asking is whether or not a person has to file a will, if it exists. In other words, if my uncle left a will, is my aunt obligated to file it, or can she just say there was no will.

There are occasions when it is not necessary to probate a will - ie -- there is no estate (estate assets).