will or no will

[caseyh]

What is the name of your state? Minnesota

My husband's grandmother passed away last month. She was preceded in death by my husband's father 18 years ago. Her daughter, my husband's aunt, has helped her with bill-paying for the past few years. They had a joint checking account during those years that was open when Grandma passed away. That is all I know about her finances.

My husband's aunt has insisted that Grandma didn't have a will and that "she didn't have much money left". She has declared to my husband and his two siblings that she "deserves" whatever is left and that they are entitled to nothing.

Some of Grandma's friends have advised us that Grandma had told them that she did have a will and that she had substantial assets, some of which were to go to the grandchildren.

Is there any way we can find out if there actually was a will? Is it possible for his aunt to hide or destroy the will without anyone knowing? If there really wasn't a will, how do we make sure that his aunt doesn't just take everything? Do we need an attorney or can we do something without one?

Any guidance would be greatly appreciated.

Thanks

 

[Dandy Don]

Do you know for sure whether this lady got a signed power of attorney from your husband's grandfather or not? If she did then she had legal authorization to handle any and all finances, and since she is joint account owner any money in that account automatically is hers at the time of death, so there may not be much you can do unless there are other assets.

Normally the will is filed at the county courthouse probate court within 30 days after the death. Check at the courthouse to see if anything has been filed. If not, it is possible she is hiding the will. The beneficiaries can hire their own probate attorney to file to open up this estate for probate and ask the judge to force this lady to produce the will if she has it.

You need to at least be consulting with a probate attorney to find out what the order of succession for heirs is and whether you would qualify if no will is found. If you can prove by documentation that she did not spend much of the money she got on the grandmother's care, then your attorney needs to decide whether there are laws in your state regarding elder financial abuse or abuse of power of attorney.

Do you know of any friends of your grandmother who might have been asked to be witnesses to her will? Do you think she had the assistance of an attorney to prepare one? If so, then you may want to consider placing a small classified ad in the local paper that mentions you are searching for her will.

DANDY DON IN OKLAHOMA ([email protected])