will not filed.....large estate

[gettingnervous]

What is the name of your state? wi


will is/was known to have exsisted but has not been filed. over a year and a half has gone by since our loss of our mom and father in law side steps questions until no one asks anymore

as far as we know mom's will left all to father in law. no one has seen the will though. mom's estate was over 200.000.00 without personal belongings. do decendants get a copy or invite to the reading of the will even if we don't receive anything? as far as we know there has not been a formal reading of the will. what should we expect?

we are concerned about land worth over 650,000.00. what happens if FIL sells it? is was in both their names.

FIL has been vague regarding the settling of mom's estate and acts like he is the only one grieving and entitled to everything mom left behind. i suspect he is afraid if we are paid something, he will lose a carrot to dangle and keep us all in his company. my wife is afraid he will remarry and everything my mom worked for will be left to FIL's new spouse and my siblings and i and my kids will never see anything. we know our mom would not want that but we also do not want a legal and emotional battle.
please advise. is there any hope? we would be happy with a college fund for our children even though we live pay check to paycheck.

 

[hexeliebe]

And why haven't you hired a probate attorney in the county where mom died to look into this matter? If no will has been filed a probate attorney can file an 'intestate' action to either force distribution of the estate without a will or a will can 'miraculously'appear.

 

[gettingnervous]

mom died in another state, for one (CA). we also fear things will get ugly if we hire our own lawyer but realize this may be our only solution.

we know a will should be filed 30 days after a death. would decendants get a letter or notification if this was done? if everything was left to FIL, would decendants still be notified? what is a lawyers role in this? do they notify decendants whether or not we are left something?

we'd really like to see the will. at one time FIL said the will was being validated. what does that mean?

we just learned through a third party that FIL sold the land mentioned earlier. records show it was 2 1/2 months ago and he's never said a thing about it to any of us. he got over 700,000.00 for it. we're very disapointed he's not told us and now wonder if he's hiding something or just thinks it's none of our business.

thanks in advance for answers

 

[I AM ALWAYS LIABLE]

mom died in another state, for one (CA).

MY RESPONSE: Great State!



we also fear things will get ugly if we hire our own lawyer but realize this may be our only solution.

MY RESPONSE: So? What have you got to lose? So far, you don't know if you've been screwed, blued, or tattooed. Right now, it's only "ugly" on your end. May as well make it "ugly" on both ends!


we know a will should be filed 30 days after a death.

MY RESPONSE: Oh, really? And, where in California law did you read that? Suffice it to say, there is no such law in California. An Estate can be probated at any time - - even years after a death.




would decendants get a letter or notification if this was done?

MY RESPONSE: Yes, if everybody is doing their job properly and legally. But, from the sound of things, it appears that no Estate Probate has been opened.




if everything was left to FIL, would decendants still be notified?

MY RESPONSE: If there was a Probate, you should have been notified.



what is a lawyers role in this? do they notify decendants whether or not we are left something?

MY RESPONSE: The lawyer's role is to make sure all the proper papers have been filed in Probate, and that notification to all heirs and IMMEDIATE family members have been notified.



we'd really like to see the will.

MY RESPONSE: You can, if you hire an attorney to file a Probate on behalf of your mother. Then, FIL will be forced to provide the court, and you, with a certified copy of the Will, if one exists.




at one time FIL said the will was being validated. what does that mean?

MY RESPONSE: I have no idea. You must be using, or your FIL must be using, incorrect terms.



we just learned through a third party that FIL sold the land mentioned earlier. records show it was 2 1/2 months ago and he's never said a thing about it to any of us. he got over 700,000.00 for it. we're very disapointed he's not told us and now wonder if he's hiding something or just thinks it's none of our business.

MY RESPONSE: If title to the property was held in "joint tenancy, with right of survivorship", then the property IMMEDIATELY becomes solely owned by FIL, bypassing Probate altogether. But, you'll never know how it was held, and who really owns it, if you don't file for Probate yourself. Remember, "force" your FIL to "show his cards"; e.g., titles to property, both real and personal, and the Will itself.




thanks in advance for answers

MY RESPONSE: You're welcome.


IAAL

 

[Dandy Don]

Where have you been looking to see if the will has been filed? If she died in California, then it is the county where she died that you will need to look to see if the will has been filed.

Looks like father-in-law is deliberately withholding the will or may have even destroyed it. Please consult with a probate attorney to find out what you should be doing.

 

[gettingnervous]

thank you so much for your thorough answers! we have not gone the lawyer route becasue we wanted to give FIL the benefit of the doubt.

since we've received no notification that a will has been filed (as you said we should have regardless if we're in it) we can guess the attourney FIL has is not following proper steps. He said the lawyer suggested making a list of personal property and that's about it. Is it possible the lawyer would choose NOT to file the will knowing there is one? Can they do that? A will opens probate, which does what exactly?

we'll be making an appointment with a lawyer asap and at least get some answers. we're curious if we're able to locate title information on the land to find out how the ownership is stated. any suggestions?

thanks again

 

[hexeliebe]

The deed to the land your mother owned will be recorded at the county courthouse in which she resided. Contact the Recorder's office and give them the address of the property. That's all they will need.

If you want a copy there will be a fee for copying and mailing.

 

[Dandy Don]

Stop giving father-in-law the "benefit of the doubt"--he certainly doesn't deserve it. By being uncooperative, he is afraid that you all, as legal heirs, are eventually going to file to get your share of this estate, which you are legally entitled to if there is no will, and he selfishly doesn't want to give up anything and wants to keep it all for himself. You don't have to "fear that things will get ugly"--why should you have fears--it is HIM that is keeping you all from finding out information that you are legally entitled to! Let the chips fall where they may.

If he or his attorney hasn't opened up this estate for probate, then you or your attorney needs to do so.

 

[Beeboo]

Hire an attourney now

I am going through an estate problem right now with my brother & sister. Right now, I would say that ugly is an understatement, but your case seems so simple to me.

We have the same problem with the will, was there 1, was it stolen, etc.

If my dad died with assests like those, I would have hired an attourney in the 1st week after the burial.

When he states the will is being validated, he is stalling for time for 1 reason or another, to screw you out of your portion is my guess.

If he can not provide a valid will, you may have legal right to a fair portion of everything.

Sounds to me, he is the one not playing fairly & deserves to have an attourney crawl up his behind with a microscope.

My brother & sister are stealing my share of the personal property because they live in the home currently (bums) & it makes me sick to sit back & watch it happen, but payback day is coming & I hold all the cards.

If you sit back & do nothing, you will get nothing.

I am not saying you are guaranteed to get a fair share, but by doing nothing, i will guarantee, you get nothing.

I would ask yourself, what does your heart tell you about your FIL. Do you think he is an honest person. If you are not sure, he is screwing you over.

Right now, he holds all the cards & will not show them to you.
As some1 else stated, you can force him to lay down the cards & show you his hand.

If you do not hire an attourney, you will wonder if he screwed you the rest of your life.

Good Luck!

 

[gettingnervous]

You're absolutely right by saying we'd wonder the rest of our lives.

we are torn for many reasons. FIL has been/is a wonderful grandpa to our kids and the thought of them losing another grandparent saddens us.

flip side...we wonder why he hasn't told us about the sale of the property.

if he is the only beneficiary due to joint ownership of land and accounts or because investment accounts name him, is he still required to file the will for probate? this is where we are very confused. if an attourney recognizes a will need not be formally probated, are they still required to notify decendants even if they're not named as reciepients? (i hope that is clear)

i ask because FIL has mentioned "my lawyer suggested this or that" and we wonder if there truly is one since we've not been notified by one. next time he brings up the lawyer, I'm going to ask for the name.

i'm reading the executor's handbook and learning a lot and apprieciate everyone's help here!

 

[Beeboo]

I can more than understand why you would not want to upset your FIL. In my case, i would never question the fact that my FIL would even try to rip us off........he would not do it....flat out.

If the title to the property has his name on the title, he would not need to go through probate to sell the land.

Afterall, the reason you need to go through probate is to transfer title to another person's name & be able to drain bank accounts in that person's name that you would not be able to do otherwise.

So, if he has his name on the cars, bank accounts, titles to property, etc.........he would not need to go through probate to liquidate those assests. It may not be the legal way of doing it, but screw the government is my theory.

Do not let all the negative talk in here steer you the wrong way.

I think you need to (dont take this the wrong way) GET SOME BALLS & flat out ask him what the deal is. I think he owes you an explanation. You deserve that much!

If you are up front about it & ask him in the proper way, he cannot get upset & it may solve the problem. If, you do not get the answers you are looking for, go the attourney route at that time.

Warning: He will be very upset, if you go to the attourney without FLAT OUT asking him what is going on. Be specific.....I want to see the will. Did you sell the land...etc.

Make a qustion list & be tough about the questions. Dont let him give vague answers & if he does, re-ask the same question until he gives you a real answer.

If all else fails, i would tell him that i deserve a better explanation & MAY consider the advice of an attourney to see if I have any rights to any assets.

If i understand the situation correctly. I am not sure you have a right to anything, unless the deceased was re-married.
Either way, the surviving spouse would usually get everything, unless otherwise specified in a WILL. How long they were married would effect things alot.

My mother in law died 2 years ago with multiple insurance policies, etc........It all went to my FIL with no questions asked.

Sort of tough to ask questions when he gave us $50k in cash.

The last thing you want to do is piss him off & get wrote out of his will because that is when you truly have a claim to assests.

Does he have children from another marriage?

I am concerned about my fil doing the same thing if he re-marries because my MIL built up everything & put almost 1 mil in his pocket when she died + we are sueing the hospitals, doctors, etc.....for wrongful death.

It is sort of tough to ask these type of questions when you are not re-lated through blood, but you can tell him what your concerns are about the future. I had to have the same talk with my father about him re-marrying.

My sister-in-law is worried about the same thing with her father, my FIL. My wife does not seen to care & does not think it is gonna happen, but he already has a gold-digger after him.

Anyway, it all comes back to the following to me.
1. how long were they married?
2. Is he an honest man?
3. Do you think you were left anything specifically in the will?

In my situation, i think my brother was cut out of the will, so he destroyed it, but i would have gave him 1/3 anyway cause my mother built it all & that is what she would have wanted.

Good luck on your journey, all things happen for a reason & make us better, stronger people no matter what the outcome.

What i have learned is the most important thing through the whole process of dying is to make sure you have a will & it is recorded or everyone has a copy for themselves. At least multiple copies so no games can be played on the heirs.

Take care.

 

[gettingnervous]

"unless the deseased was remarried"

why does this make a difference since FIL is sole heir due to joint accounts/named beneficiary? mom was remarried and FIL is actually step FIL. they were married for 18 yrs. they began equally in debt. FIL has one child (grown) and even though he has said all the kids are equal, it's apparent we are not, so there is worry about the estate rolling over to FIL's only child in years down the road.

i will ask FIL many questions as soon as i'm able

thanks for your help and good luck with your situation as well.

 

[Beeboo]

The reason the length of time they were married matters would be the chance of your mother leaving everything to him would be better because they have been married so long. Also, if they were married only a couple of years, there would be a better chance that she left you something in her will.

On top of that, if u end up in court, the judge will probably be on his side due to the fact they were married so long.

As far as I am concerned, he has a right to everything & what he does with it after he dies is up to him. Although the right thing to do would be to divide it up to all the heirs equally, including his 1 sibling.


I would advise you to tread lightly & slowly because if he is the only person stated in the will, he will get upset if you accuse him of ripping you off.


Concentrate on seeing the will, you have a right to know what your mother's will said.

I am really sure from what you have stated though, EVERYTHING was left to him & they probably had a verbal agreement what was to be done after he died.

Problem is, if you piss him off, you could get cut out because your mother is not here to defend you.

Try the probate court in the county your mother lived in & see if it was recorded there as some1 else stated. From what i have ran across, most people dont seem to record their wills. The other option would be your mother's attourney probably helped prepare her will & may have a copy of it.

Anyway, it would be rare for your mother to cut any portion of her assests out from under her spouse.

She would trust him to do the right thing after she was gone & more than likely he will.

I would start making suttle comments about him re-doing his will & make sure he has it available to alll heirs (recording it is the best way or copies to all heirs), so there is no fighting over stuff when he is gone.

I did the same thing with my grandmother & since my father died before her, she is now leaving his portion to us 3. She was gonna cut him & us out before i said anything to her, she never even thought about us deserving his share & he was to be the executor of his will.

Hope this helps.....take care!