No Will, Now What?

[Taurean]

My son's Grandfather previously told me, and other people, that he wanted all his assets to go to my son, who is only 7 years old, (property, business, belongings, etc) when he passed away. Now he has passed away. There is no record of a will filed in the courts, nor any probate records. I found out a friend of the Grandfather now owns the business, the home, and everything! Most of it he has sold! How can that happen if there was no will/probate filed?! Weren't we supposed to be at least notified of all this before it was allowed to happen? I want to take this 'friend' to court and get back what rightfully belongs to my son! I live in Montana, but Grandfather resided in Idaho Falls, Idaho until his death. The friend also lives in Idaho Falls. What steps do I take to find out what has happened and whether or not we have a case? Thank you very much. Tracy Webb.

 

[advisor10]

2-23-2002

DEAR TAUREAN:

If the grandfather's "friend" was somehow able to purchase the home and business from the grandfather BEFORE the grandfather died, then that will be perfectly legal.

What you need to do is, if you know the address of the home, go to the county courthouse to look at property tax or real estate records to find out the date when the house was sold. If it was sold AFTER the grandfather died, then that is improper/illegal, since the home is an estate asset that only the administrator of the estate has the responsibility to claim in order to sell it or distribute ownership to heirs. You would have to file paperwork to become administrator (or hire a probate attorney to become administrator in your behalf) of this estate to start claiming any and all assets that this "friend" may have taken improperly.

You may also want to pay a private investigator a few hundred dollars to have a financial background check done on the grandfather, to find out what his assets were (where he did his banking--are the bank accounts still unclaimed or did the friend get them too)?

Have you had the chance to go through the grandfather's personal papers at his residence to see if anything important was left behind?

The problems in this estate will not be solved until you officially file paperwork to become administrator of the estate, so that you will then have the official authority to claim everything.

SINCERELY,

advisor

 

[Taurean]

I haven't been able to travel to Idaho, to visit his residence, or the courthouse. I'm doubting that anything was sold. I spoke to Grandfather only a week before his death and he had continuosly stated he wanted his only heir, my son, to inherit his estate. The 'friend' told someone else that he took over Grandfather's residence and sold or gave away all of the belongings, so there wouldn't be anything left for me to go through. This friend is being very close-mouthed about everything, of course.
I'll try calling the courthouse to see what I can find out. And, I know it's inevitable that I hire an attorney. Thank you very much for your reply.
Tracy Webb

 

[advisor10]

2-25-2002

DEAR TAUREAN:

If there was no will, then his estate should be divided amongst his relatives, who would have more of a claim than this so-called "friend" would. Friend has no authority to handle any of the assets. It seems very unlikely that there would not be a will if the grandfather was so determined that he knew who he wanted his assets to go to, unless he just didn't get around to having the will drafted. Is it possible that the "friend" could have destroyed the will?

If there is no will, you would want to hire a probate attorney to apply to the courthouse to be administrator of this estate and get the judge to order the friend to report what he has done with these assets and turn them over to the estate.

SINCERELY,

advisor

 

[Taurean]

The friend has admitted there was no will. But even if there were, and he destroyed it, wouldn't it have to still be filed in the courthouse?
As for asking questions by phone, I'm getting nowhere. You're advice about hiring a probate attorney is what I'm going to have to do. Since I live in Montana, can I hire an attorney in Idaho (the Grandfather's residence) to handle everything?
Thank you,
Tracy

 

[prideluv]

the missing will

As for the will....this happened to me too. Although it is illegal to withold a will and not file it, all the person has to say, is "I saw them destroy it" or "I never saw it" and the courts will not question it.

 

[Taurean]

That's just it, though, Prideluv, nothing has ever GONE to court on this. I've been doing some research and found out a few things.

One of the businesses was in a leased building. I spoke to the owner and she was told by this "friend" that Grandfather "gave" his business to two of his buddies, who now run it. BUT, the business is still under Grandfather's name! The courthouse has no record of any transaction whatsoever of the business changing hands, nor does the State of Idaho. Also, his residence is still in his name, but is being rented out to someone, by the "friend" of course, who claims ownership. And the utilities are even still in Grandfather's name! Also, the "friend" stated to the woman I spoke to, that there WAS a will, leaving everything to him. She said she knew he was lying, because nothing was ever printed in the newspaper, which is required.

A question...if the business, and residence, are still in Grandfather's name, and still operating, then all income goes to the estate, right?

Also, as I'm not very rich these days, do you know if it's possible for me to hire an attorney in Idaho that would base their fees on my income, or better yet, take a percentage of whatever's recovered?

I have to move fast now, because after calling the courthouse and this other woman, gossip is going to spread. They knew of some names I mentioned that were involved in this mess. I'm afraid they may try to hide/cover up things.

Thanks!
Tracy Webb

 

[prideluv]

I feel for you. As far as finding a lawyer on contingency, I never found one that would take this kind of case that way and it cost me....i lost out on my mother's estate worth a million dollars. But I had no money.

But, most lawyers will give you a free consultation, so it may be not be so bad. It actually isounds good for you....unless they can prove this transaction took place, family rules.

Good luck