2-11-2002
DEAR COATES:
One possible reason that she may not want the will probated is if his estate was not valuable enough (say for example, if it was less than $4,000). In some states the estate must add up to a certain amount in order for a probate file to be opened. I don't know what the minimum is.
But I'm guessing that the main reason she doesn't want it probated is because she has cashed everything in and probably kept everything for herself (which is improper and illegal), and if the will WERE to be submitted to probate court, then the financial information about how she handled this estate would be required to become public record and she doesn't want to look bad by having it known that she didn't split the estate with other heirs.
If he had any bank accounts or other assets, she has probably spent them by now. However, if his home was paid for and if he had any other assets that were worth anything, then you are entitled to receive something from his estate and you may have been cheated out of your share.
It is possible that you may have waited too late to do anything. You need to visit the county courthouse of the city where your father died and look to see if a probate file was opened for his estate (there is a small chance that if he had any outstanding bills or had any unclaimed assets, the stepmother or her attorney may have had to go to court to get ahold of his assets). If there is a file, it will show any transactions and what his estate was worth.
If there is no file, then you need to speak with a local attorney about what your options are. If you will send me an e-mail message, I'd like to pass on a confidential tip to you about something else you can do.
SINCERELY,
advisor (e-mail:
[email protected])
