What is the name of your state (only U.S. law)? New Jersey
My uncle is the husband in this situation. I understand that he feels that he took care of his wife while she was sick and he feels he should get something but I feel horrible for the wife's family. It's been over 2 months since the passing of the wife and the family is just waiting. The wife didn't have much family besides her children so she left just about everything to them. She was very established (so far the amount of asset on the table is approximately $350,000) but the children isn't and just work regular jobs. Surprisingly myself and the children are on very good speaking terms regardless of how my uncle is handling things. At this point, its a dead end for them as attorney want a retainer of $3,000 and up to handle the case and they don't see the funds right now. I am not sure if they can speak with the courts in New Jersey or how to go about it, but I am trying to look up some information for them.
Situation:
An established women marries a man; the signed a prenuptial agreement. The women becomes very sick with a fatal illness that will eventually cause her death. The women doesn't want to worry her family so she keep most information to herself and her husband. She hires a lawyer to draft a will and give the name of the attorney to the husband.
The women gives the husband power of attorney so he can access her bank account(s) and do other things needed relating to her business matters. Due to the fact that the women is confined to her bed; she isn't capable of accessing other parts of her house. The husband has children from a previous relationship. He signs over his wife's Mercedes-Benz SUV to himself and than signs it over to his son. Due to the fact that the wife is confined; she doesn't know that her vehicle is gone from the garage.
The husband knew that the lady was used in the past from relationships and she didn't want it to happen again. The husband thought that by the time of her death she would have change her outlook on things and change the will and etc.
Now the husband is in a situation:
1.) He doesn't want to give the information of the attorney because he knows that he would receive little or nothing due to the prenuptial agreement signed. He knows that he stands to collect a major chuck of the estate without the prenup and will.
2.) He signed over his wife's expensive SUV and it's a possibility that she left it to someone and how would he explain using the power of attorney to sign over the vehicle.
When being asked about the attorneys information he gives excuses that range from 1) not being able to reach the attorney, 2) the attorney needs the birth/death certificate and 3) the attorney doesn't want anyone but him with their contact information.
_____________
Questions:
1.) I know it illegal in most states to conceal a will of a decease, would hiding the information to the attorney who is in possession be consider concealment?
2.) If so, could my uncle get into trouble for concealing the will?
3.) If the vehicle is listed in the will, can my uncle get into trouble for signing the vehicle over to his son?
4.) What can the family do at this point as the retainers are $3,000 and up for an attorney to pursue the matter? I know that the courts can compel the information out of the person doing the concealing but how do the family go about doing so?
My uncle is the husband in this situation. I understand that he feels that he took care of his wife while she was sick and he feels he should get something but I feel horrible for the wife's family. It's been over 2 months since the passing of the wife and the family is just waiting. The wife didn't have much family besides her children so she left just about everything to them. She was very established (so far the amount of asset on the table is approximately $350,000) but the children isn't and just work regular jobs. Surprisingly myself and the children are on very good speaking terms regardless of how my uncle is handling things. At this point, its a dead end for them as attorney want a retainer of $3,000 and up to handle the case and they don't see the funds right now. I am not sure if they can speak with the courts in New Jersey or how to go about it, but I am trying to look up some information for them.
Situation:
An established women marries a man; the signed a prenuptial agreement. The women becomes very sick with a fatal illness that will eventually cause her death. The women doesn't want to worry her family so she keep most information to herself and her husband. She hires a lawyer to draft a will and give the name of the attorney to the husband.
The women gives the husband power of attorney so he can access her bank account(s) and do other things needed relating to her business matters. Due to the fact that the women is confined to her bed; she isn't capable of accessing other parts of her house. The husband has children from a previous relationship. He signs over his wife's Mercedes-Benz SUV to himself and than signs it over to his son. Due to the fact that the wife is confined; she doesn't know that her vehicle is gone from the garage.
The husband knew that the lady was used in the past from relationships and she didn't want it to happen again. The husband thought that by the time of her death she would have change her outlook on things and change the will and etc.
Now the husband is in a situation:
1.) He doesn't want to give the information of the attorney because he knows that he would receive little or nothing due to the prenuptial agreement signed. He knows that he stands to collect a major chuck of the estate without the prenup and will.
2.) He signed over his wife's expensive SUV and it's a possibility that she left it to someone and how would he explain using the power of attorney to sign over the vehicle.
When being asked about the attorneys information he gives excuses that range from 1) not being able to reach the attorney, 2) the attorney needs the birth/death certificate and 3) the attorney doesn't want anyone but him with their contact information.
_____________
Questions:
1.) I know it illegal in most states to conceal a will of a decease, would hiding the information to the attorney who is in possession be consider concealment?
2.) If so, could my uncle get into trouble for concealing the will?
3.) If the vehicle is listed in the will, can my uncle get into trouble for signing the vehicle over to his son?
4.) What can the family do at this point as the retainers are $3,000 and up for an attorney to pursue the matter? I know that the courts can compel the information out of the person doing the concealing but how do the family go about doing so?
