Notification of will

[shth]

My husband's father passed away July 6, 2000 in North Carolina. We live in Washington state. My husband was told by family members that he was a beneficiary in his father's will, yet we have not received a copy of the will or any other documents to date. We were told that there was a waiting period of 90 days from the death of his father, before any action would be taken.
It is now almost 120 days.
We have heard that the will is being contested by his father's grown stepchildren from a previous marriage.
How can they contest the will, without seeing the will? Or maybe they have the will, and we have not.
Is there a time frame that the will must be read or copied to the beneficiaries?
Who is responsible for doing this?
Must we request a copy of the will ourselves?
If so how do we do that?
The executor of his father's will is his wife. Should we contact her?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by shth:
"The executor of his father's will is his wife. Should we contact her?"<HR></BLOCKQUOTE>

My response:

Now, that sounds like a plan.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[shth]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

Now, that sounds like a plan.

IAAL

<HR></BLOCKQUOTE>

We have contacted the executor and asked for the will, at least 6 times. Nothing has been sent to us. Is that our only recourse?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by shth:
We have contacted the executor and asked for the will, at least 6 times. Nothing has been sent to us. Is that our only recourse?

<HR></BLOCKQUOTE>

My response:

Then, I don't understand why you asked in the first place if you should contact the Executor?

If you already have done that, then it's time to sue the Executor for malfeasance of duties, and to force the Executor to file the Will in Court and have a Probate action started.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[advisor10]

(01-27-2001)

DEAR SHTH:

They are taking advantage of the fact that you are out-of-state to try to not keep you informed.

You need to call or write to the PROBATE COURT for the county courthouse (of that North Carolina city where the person died) to ask if the will has been filed yet (please provide the name and month/year of the date of death of the decedent). If the will has been filed, you can order photocopies of it. If it hasn't yet been filed, then you must be a little bit more patient.

There might be a requirement that the will must be filed within 30 days of a person's death (just as a formality), but the actual estate may not be completed for anywhere from 1 to 4 months or more if there is a lot of estate affairs to be handled (debts and taxes and funeral expenses, etc. to be paid). The distribution to beneficiaries can not be made until it is determined if there are enough assets left over to make a distribution.

If this executor is responsible enough to do his/her duties properly, then you will be contacted by phone or by mail if and when you become a beneficiary. If they don't contact you, then the most you can do is to contact the probate court by letter every 2 months or so to see what the status of the will filing is, or ask them to contact you when something comes in.

SINCERELY,

[email protected]