Need info for Mom

[CJane]

What is the name of your state? KS

My grandfather died on Saturday and left a will that states only "Share and share alike". While that's a nice sentiment, I'm a little concerned that nothing is expressly stated in the will and he had quite a bit of property including a museum quality collection of Native American artifacts, gifts from museums and archeology departments across the US, a house and acreage, life insurance policies, etc.

I don't know if he ever changed the beneficiary on the Life Insurance after my grandmother died. If she's still listed, does the policy just cease to exist?

As far as the will goes - since nothing is listed specifically... what happens to everything?

My mom insists that it's 'all fine' and her siblings and her agree on how everything should be distributed, and not to worry. But, that's what I do.

What is probate and how does it work? If the will is this vague, is probate a necessity?

Mom also insists that if they wait 6 months to sell the house/property that there will be no tax burden or issues w/probate. Is that true?

She's also been told by one of her siblings that they can't simply divide up the property - that they have to sell everything at auction, and if anyone wants to keep anything, they must purchase it - that nothing can simply be removed from the house beyond a keepsake or two (photos and such).

Help me figure this out before I go to the funeral please. My mom just isn't capable of making decisions right now and I have a feeling she's been fed a serious line of bull.

 

[BelizeBreeze]

What is the name of your state? KS

My grandfather died on Saturday and left a will that states only "Share and share alike". While that's a nice sentiment, I'm a little concerned that nothing is expressly stated in the will and he had quite a bit of property including a museum quality collection of Native American artifacts, gifts from museums and archeology departments across the US, a house and acreage, life insurance policies, etc.

then a true and correct copy of the will needs to be posted.

I don't know if he ever changed the beneficiary on the Life Insurance after my grandmother died. If she's still listed, does the policy just cease to exist?

Nope, it goes to gramp's estate.

As far as the will goes - since nothing is listed specifically... what happens to everything?

per stripes

My mom insists that it's 'all fine' and her siblings and her agree on how everything should be distributed, and not to worry. But, that's what I do.

your mom or another sibling needs to file probate and ask for Letters Testimentary

What is probate and how does it work? If the will is this vague, is probate a necessity?

yes because a full accounting of the assets and their value will need to be done.

Mom also insists that if they wait 6 months to sell the house/property that there will be no tax burden or issues w/probate. Is that true?

They can't sell the property without ownership and unless all children are also on the deed with rights of survivorship, they can't sell anything. So Probate will be required to have ownership.

She's also been told by one of her siblings that they can't simply divide up the property - that they have to sell everything at auction, and if anyone wants to keep anything, they must purchase it - that nothing can simply be removed from the house beyond a keepsake or two (photos and such).

They can do neither. They MUST go through probate otherwise they open themselves up to charges from the other heirs.

Help me figure this out before I go to the funeral please. My mom just isn't capable of making decisions right now and I have a feeling she's been fed a serious line of bull.

Take mom to a probate attorney after the funeral.

 

[CJane]

then a true and correct copy of the will needs to be posted.

I'll work on that.

your mom or another sibling needs to file probate and ask for Letters Testimentary

Ok. I think I'll actually talk to the other trusted sib (as opposed to the one that's clamoring to sell everything now) and convince him.

yes because a full accounting of the assets and their value will need to be done.

So, seperate appraisers for each collection/the property/house/etc, right? Is EVERYTHING included in that, an entire inventory of the house rather than just what 'we' think has value?

They can't sell the property without ownership and unless all children are also on the deed with rights of survivorship, they can't sell anything. So Probate will be required to have ownership.

Ok, that's what I was trying to explain to mom last night. glad to know I was at least close to right. Her sister has her convinced that since she (the sister) is executor and had POA while Granpa was alive, she's in control now and whatever she does/authorizes is fine because she's still acting as Grandpa's 'representative'. That's bull****, right?

They can do neither. They MUST go through probate otherwise they open themselves up to charges from the other heirs.

Who is considered an heir, legally? Just the children of the deceased (the spouse died 16 years ago) or also the grandchildren/great grand children/siblings of the deceased?

Take mom to a probate attorney after the funeral.

Yeah, tips on how to make THAT happen would be great. Woman's as stubborn as I am.

 

[BelizeBreeze]

So, seperate appraisers for each collection/the property/house/etc, right? Is EVERYTHING included in that, an entire inventory of the house rather than just what 'we' think has value?

that depends on the nature of the items. If there are museum quality pieces then an auction house that deals in such would be acceptable by the court.

Ok, that's what I was trying to explain to mom last night. glad to know I was at least close to right. Her sister has her convinced that since she (the sister) is executor and had POA while Granpa was alive, she's in control now and whatever she does/authorizes is fine because she's still acting as Grandpa's 'representative'. That's bull****, right?

then have her show mom the Letters Testimentary from the Probate court.

Who is considered an heir, legally? Just the children of the deceased (the spouse died 16 years ago) or also the grandchildren/great grand children/siblings of the deceased?

that depends entirely on granny's will and then once that will is probated, gramp's will.

Yeah, tips on how to make THAT happen would be great. Woman's as stubborn as I am.

Tell her that if she doesn't visit a probate attorney or take some initiative, she assumes all financial risk in one heir (or more) filing a lawsuit for recovery. Hope she has the money to defend herself.

 

[CJane]

that depends on the nature of the items. If there are museum quality pieces then an auction house that deals in such would be acceptable by the court.

Oh yeah, definitely museum quality. The archeology dept at K-State has been drooling over his collection for 50 years waiting to get their hands on it.

then have her show mom the Letters Testimentary from the Probate court.

I'm printing this and taking it with me:

59-618
Chapter 59.--PROBATE CODE
Article 6.--WILLS
59-618. Liability and effect of withholding will. Any person who has possession of the will of a testator dying a resident of this state, or has knowledge of such will and access to it for the purpose of probate, and knowingly withholds it from the district court having jurisdiction to probate it for more than six months after the death of the testator shall be liable for reasonable attorney fees, costs and all damages sustained by beneficiaries under the will who do not have possession of the will and are without knowledge of it and access to it. Such will may be admitted to probate as to any innocent beneficiary on petition for probate by any such beneficiary, if such petition is filed within 90 days after such beneficiary has knowledge of such will and access to it, except that the title of any purchaser in good faith, without knowledge of such will, to any property derived from the fiduciary, heirs, devisees or legatees of the decedent, shall not be defeated by the production of the will of such decedent and the petition for probate of the will after the expiration of six months from the death of the decedent.

The provisions of this section as amended by this act shall apply retroactively to the withholding of a will of a testator.

I think the bolded portion must be what my Aunt is going by when she says that after 6 months it's safe to sell the house.

This is going to suck.

that depends entirely on granny's will and then once that will is probated, gramp's will.

Granny didn't have one. She always said "I'll go first anyway, his will is all that matters" and... Grampa distributed most of her stuff when she died.

Tell her that if she doesn't visit a probate attorney or take some initiative, she assumes all financial risk in one heir (or more) filing a lawsuit for recovery. Hope she has the money to defend herself.

Ya know, YOU could call her and tell her to pull her head out of her ass. That'd be great.

 

[BelizeBreeze]

59-618
Chapter 59.--PROBATE CODE
Article 6.--WILLS
59-618. Liability and effect of withholding will. Any person who has possession of the will of a testator dying a resident of this state, or has knowledge of such will and access to it for the purpose of probate, and knowingly withholds it from the district court having jurisdiction to probate it for more than six months after the death of the testator shall be liable for reasonable attorney fees, costs and all damages sustained by beneficiaries under the will who do not have possession of the will and are without knowledge of it and access to it. Such will may be admitted to probate as to any innocent beneficiary on petition for probate by any such beneficiary, if such petition is filed within 90 days after such beneficiary has knowledge of such will and access to it, except that the title of any purchaser in good faith, without knowledge of such will, to any property derived from the fiduciary, heirs, devisees or legatees of the decedent, shall not be defeated by the production of the will of such decedent and the petition for probate of the will after the expiration of six months from the death of the decedent.

The provisions of this section as amended by this act shall apply retroactively to the withholding of a will of a testator.

This indemnifies ONLY the purchaser, NOT the seller. Make that point with the idiot sister.