Statute of Limitations Will Probate

[d_b_gray]

My father died in NY 2 years ago and my sister and her husband got all of the property and possessions including his house and all of the contents of the house and any assets he had. My wife, my children, myself, and my sisters and brother in laws children got nothing.

My father had a will, however, my sister and brother in law did not have a will reading when he died they simply said that they were to get everything and me nothing. I found this a little bit strange but this might be OK since I live in FL, and they lived with the old man for 15 years at the house before he died and took care of him when he got old.

Now it is 2 years later, and my brother in law and sister are becoming real pests. My brother in law is talking about selling a bunch of stuff from the estate to get some quick $$ and may even be thinking of divorcing my sister. He has turned into a real jerk after he got the estate. Also now I find out that my brother in law mortgaged the house about one week after the old guy died and now there is a huge loan out against it. He has gotten himself into so much debt and seems to have been a really poor choice to get the estate...he turned into a different person after getting my fathers house and property to me and my sister. I can't help but think that my father would not left my brother-in-law anything after seeing how this guy operates.

Do I have any legal rights to contest my brother in law to 1) get the house and property back if there is a divjorce or 2) get some of the property and possessions from the estate before he sells this stuff? What is my time limit?

There was a will, my sister and brother in law just pretended that it was normal for them to get everything, probably because they lived there for 15 years they felt that they should get all this stuff...I don't know. I never saw the will, and now it seems to have disappeared.

 

[advisor10]

1-25-2002

DEAR DBGRAY:

YOU HAVE BEEN SCREWED! You were right to be suspicious when there was no reading of the will. OF COURSE THE WILL DISAPPEARED--they are the only ones who knew where it was, and that was illegal of them to destroy it. Get your attorney to file a petition with the probate court to force them to produce it (if they have it), otherwise the estate will need to be divided according to intestate probate law, and the children will be declared legal heirs that can split this estate equally amongst themselves.

Check at the probate court of the county courthouse to see if there is a probate file available for your father's estate. If there is a file, you can see what is in it. If they did not file paperwork with the court to be administrator or executor of his estate, then your sister had no legal authorityi to handle his assets, and they have no authority to start selling any assets now! They could be in legal trouble already for doing this without permission.

You need to speak to a few local attorneys to find out about time limits, but that is not your main concern. Forget about the divorce factor--that doesn't even enter into the situation.

What is the value of the house?

Your mistake was not getting an attorney immediately after the death to find out what your rights were.

If they had gone through the probate process, the estate would have been awarded in equal shares amongst the children.

Get an attorney to open this estate and have everything done properly, or at least get a court proceeding to get the property title/deed changed to reflect the names of the legal heirs/new owners (or find out from a real estate agent or a real estate attorney how this is supposed to be done, maybe without having to go through court), so they can't sell the house without permission of all heirs. Your sister will have to repay the estate for any monies she was not entitled to, but if she has spent it, it may not be worth pursuing if she can't repay.

SINCERELY,

advisor

 

[d_b_gray]

Adviser,

Thanks for the info....this whole thing has been very bizarre and all I want is to read the will and see what was left to who...the assets are worth enough to sell and make some quick $$ ...but this is about just seeing the paper and knowing what the old guy really wanted....its OK if I was left off the will, but let me see it let me read it...dont tell me about what it says and then say it is missing...

The lawyer who drew up the will also happens to be my brother in laws lawyer ...the will shouldn't be such a secret.

d_b_gray

 

[advisor10]

1-25-2002

Your situation gets more bizarre the more you describe it!

As a potential beneficiary who was most likely named in the estate, you have the legal right to request a copy of this will from the lawyer who prepared it (even if he does work for your brother-in-law!). Get your own attorney and demand a copy of this will! The attorney who prepared it most certainly will have the draft copy on file.

Just seeing the will can show you what your father intended, but you may have waited too late to benefit from that. Even if it mentioned you were supposed to get something, how can you get anything now if the estate assets have already been spent by the other parties?