Making sure my son gets whats his...

[joseph david]

What is the name of your state? Living in Michigan, A year ago my mother died, leaveing me nothing (not mentioning me besides being last living child) my sister died in 99 my father died years before that, anyway she left her estate (house) to her grand kids to be devided evenly, my sisters two kids, and my son. The problem is my son has my wifes maiden name (my wife and I were not married when he was born) never got it changed after we got married. He is listed in the will with "my last name", my mother assumed he had my last name. Would he have to get his last name changed to collect? were scared to tell the lawyer because we dont want to screw things up. My son is 17 and will be 18 in Dec. They are in the prosses of selling the house and then seting up an account that will be held till hes 18. but he can patiistion the court for money for things he needs (like brases for his teeth)which he wants to do. anyway will his last name not being what was in the will cause problems, should we just be honest with the lawyer, or should we hurry up and change his last name to mine? In case your wundering yes I was the black sheep of the family and did not have a very good relationship with my mother, in fact she only saw my son "one time" when he was a baby. I was realy shocked that she did not leave me anything... Well I know this was long thank you for taking the time to read it and any advice you may have. THANK YOU...

 

[I AM ALWAYS LIABLE]

What is the name of your state? Living in Michigan, A year ago my mother died, leaveing me nothing (not mentioning me besides being last living child) my sister died in 99 my father died years before that, anyway she left her estate (house) to her grand kids to be devided evenly, my sisters two kids, and my son. The problem is my son has my wifes maiden name (my wife and I were not married when he was born) never got it changed after we got married. He is listed in the will with "my last name", my mother assumed he had my last name. Would he have to get his last name changed to collect? were scared to tell the lawyer because we dont want to screw things up. My son is 17 and will be 18 in Dec. They are in the prosses of selling the house and then seting up an account that will be held till hes 18. but he can patiistion the court for money for things he needs (like brases for his teeth)which he wants to do. anyway will his last name not being what was in the will cause problems, should we just be honest with the lawyer, or should we hurry up and change his last name to mine? In case your wundering yes I was the black sheep of the family and did not have a very good relationship with my mother, in fact she only saw my son "one time" when he was a baby. I was realy shocked that she did not leave me anything... Well I know this was long thank you for taking the time to read it and any advice you may have. THANK YOU...

My response:

And you have an attorney on this case?

Then I would suggest, unless the Will is clear concerning "mother died, leaveing me nothing (not mentioning me besides being last living child)". If she failed to mention you; e.g., "I leave that son-of-a-bitch son of mine, Joseph, not one damned penny from my Estate", then I would suggest that you change attorneys - - real fast!

You see, no matter how much of a "black sheep" you may have been, you're still entitled to a statutory share of your Mom's estate - - because when you're not mentioned in the Will, you are what is called a "Pretermitted Heir" - - and remember, this is only your status IF she didn't mention you at all.

As for your son, you don't need to change his name. Everyone knows who Granny was referring to in her Will. There's no other person who could possibly be him, and no one else she could have been referring to. It was merely an honest mistake.

IAAL

 

[joseph david]

Continued...Long...

Thank you so much for replying, heres the story, I get a phone call from my brother in law telling me my mother had died, telling me that I was not left any thing in her will (she alwas told me if there was anything left after she died Id get it) he told me hey your son was listed, she left everything to his kid and my son i asked him if he had a copy of the will he said only 2 of 3 pages but he knew my mom had left his doughter some dimond juellry. but they were still looking for the 2ned of 3 pages. anyway they finnaly found the missing page and thats the page that list specific gifts to his doughter and the rest to be devided between his two kids and my son. So i finnaly get a hold of the lawyer who was handleing the will and requested a copy of it, since day one i have been treated very rudley with unreturned phone calls and such. (I live 70 miles from them) 2 day before finding out my mother died me and my wife were in a head on auto colllision we escaped serious injury but the wife was still out of work for 2 months and because of huge medical bill we had to fil bankruptsy. any way in the will on the first page under declarations i am listedas i have one living child. i am not listed or mentioned any were else in the will. on the petition for probate i am listed as a "heir" my brother in laws kids are listed as "heir/devisee" my son is listed as "devisee" in the first few months i would try to get a hold of the lawyer alot because i had so many questions, but he would just say your not in the will. also in the will there is a close that says if any benrficiary contest the will their gift is revoked. im sure my mother put this in there for me because there would not be any reson for it if i was not given something. i do not have money to hire a lawyer, so i feal like im geting screwed. and ive alwasy felt like there were crooked things going on with the will and the things im being told(or not being told) i did once go to a lawyer for a free consultation and they pointed out all kins of red flags with the will. anyway i was adopted when i was 5 yrs old and trouble started when i was 13 but alwasy acspected to get a inheretance if i (out lived all of them) "which i did"it seems like my brother in law and his doughter (age 20) have been in controll of everything. he actually had his phone number changed a couple months after, so ive had no contact with him i asked the lawyer about this and he said they would rather not have any contact with you till this is all setteled. i realy feel like im getting screwed and riped off but what can i do cant afford a lawyer and it coused so much stress i more or less gave up after months o feeling realy bad. this last year has been terrible i lost my job we had to file bankrupsty even my wife and son have seemed to have turned against me but hey my so is planing his future with his inheritance, while now he thinks im the biggest looser in the world. any way ive vented brought up lots of bad feelings ive buried but what the hell! thank you for your quick response to my post. yes i would be interrested in your thoughts, THANKS AGAIN!

 

[joseph david]

I just read your profile (I am always liable)

Wow 25 years as a lawyer, and hundreds of times youve given advice on this forum, thank you for myself and everyone else, I just wish i would have found this forum a year ago! Thanks again, God Bless You.