Do attorneys keep a copy of the will?

[tranquility]

It seems money was taken by ownership and not inheritance. That is why I want to read the will so I will not have to assume. It is important to me to know who is friend and who is foe.

Dead person has all his money in joint accounts with right of suvivorship to B. Dead person has will saying all my money to A.

On his death, dead person has all his money go to B. A gets nothing.

No friend, no foe, no assumption, no inheritance.

 

[anteater]

I am going to have to ruffle some feathers to get the law office name and want to know if it is even possible to get a copy of the will from them.

Is it possible? Sure.

Do they have to give you a copy? No.

 

[mdconnor]

Dead person has all his money in joint accounts with right of suvivorship to B. Dead person has will saying all my money to A.

On his death, dead person has all his money go to B. A gets nothing.

No friend, no foe, no assumption, no inheritance.

My friendships are based on integrity. In my book someone using the legal system to not carry out the wishes of their dead sister does not have integrity. I just want to read the will. Somewhere in this thread it sounds like that may not be possible. It is not always about money but it seems many can not think on those terms.

 

[mdconnor]

I
Is it possible? Sure.

Do they have to give you a copy? No.

Thanks, I will give it a try and see what happens.

 

[Dandy Don]

I think you are right to be concerned about this, but the other side is not going to voluntary give you information that might give you ammunition to possibly pursue them legally. Please explain how much the total estate added up to: you said there was more than one sibling who got $350,000 each but how many siblings are there? Do you even know if the attorney who is holding the copy was the attorney who actually prepared the will?

After consulting with an attorney to find out whether this plan is practical, I suggest you file to open up probate yourself and then you or your attorney can become the executor. After the executor gets letters testamentary, the executor will have authority to contact the bank where decedent had her bank account to get account information and copies of cancelled checks, and can also request a copy of state and federal tax returns (perhaps along with copies of attachments of 1099's that might give clues as to sources of her income). Maybe even ask the judge to have this attorney holding the copy of the will to produce it for probate court. But if there are no actual assets you will have to ask that probate proceedings be cancelled.

It would be great if you could find out for sure whether this brother had power of attorney, and you still have not answered the previous question of do you know what form her assets were in? If you knew that it would be easier to check with each asset holder to see if perhaps brother illegally changed designated beneficiaries or not. The lopsided distribution is very questionable and shady, especially since they used the flawed logic that they were distributing it SUPPOSEDLY in accordance with what the will says but they are not willing to provide backup proof to prove what they allege. Yes, your mother was robbed!

DANDY DON IN OKLAHOMA ([email protected])

 

[tranquility]

When my Aunt died everything she had was joint ownership with one of her brothers and a sister.

That is the answer. Period. To then write:

My friendships are based on integrity. In my book someone using the legal system to not carry out the wishes of their dead sister does not have integrity.

Is beyond me except out of greed, not integrity. On the death of Aunt, the money was then *owned* by the others. Legally, morally and in all ways I see. When I die, I wish you give my family all your money, OK? Is that fair?

Yes, your mother was robbed!

Astonishing.

 

[anteater]

Quote:
Yes, your mother was robbed!

Astonishing.

Not so astonishing when you consider the source.

 

[Dandy Don]

What is truly astonishing is that you are not willing to consider that some manipulation may have been involved with the joint assets, especially considering the fact that wishes of the decedent may have thwarted by someone not willing to carry out the provisions as stated in the will.

 

[anteater]

What is truly astonishing is that you are not willing to consider that some manipulation may have been involved with the joint assets, especially considering the fact that wishes of the decedent may have thwarted by someone not willing to carry out the provisions as stated in the will.

I am quite willing to consider it. What I am not willing to do is make statements like:

Yes, your mother was robbed!

Or similar declarative statements that are not based on any evidence.

 

[tranquility]

What is truly astonishing is that you are not willing to consider that some manipulation may have been involved with the joint assets, especially considering the fact that wishes of the decedent may have thwarted by someone not willing to carry out the provisions as stated in the will.

What are you talking about? What provisions? What manipulation? You have absolutely no facts to indicate there is anything untoward going on. None beyond "suspicions" and a *guess* that a will exists which an aunt's wishes differ from ownership. Oh, by the way, the death happened six years ago. No attorneys will take the case. But yet, it is suggested the OP:
--open up probate yourself
--gets letters testamentary
--contact the bank where decedent had her bank account to get account information
--copies of cancelled checks
--request a copy of state and federal tax returns (perhaps along with copies of attachments of 1099's that might give clues as to sources of her income).
--ask the judge to have this attorney holding the copy of the will to produce it for probate court

Again, astonishing.

 

[mdconnor]

...Please explain how much the total estate added up to: you said there was more than one sibling who got $350,000 each but how many siblings are there? Do you even know if the attorney who is holding the copy was the attorney who actually prepared the will?
After consulting with an attorney to find out whether this plan is practical, I suggest you file to open up probate yourself and then you or your attorney can become the executor....
....and you still have not answered the previous question of do you know what form her assets were in? If you knew that it would be easier to check with each asset holder to see if perhaps brother illegally changed designated beneficiaries or not. The lopsided distribution is very questionable and shady, especially since they used the flawed logic that they were distributing it SUPPOSEDLY in accordance with what the will says but they are not willing to provide backup proof to prove what they allege. Yes, your mother was robbed!

DANDY DON IN OKLAHOMA ([email protected])

I would estimate my Aunt's (never married, no kids) estate was worth 1 million +(bank accounts, bonds and CD's). My uncle the executor got $350,000 that we know of. My uncle's sister got $350,000. My uncle's other sister (my Mother that since died) got $30,000. Each niece and nephew got $5,000 unless you were the executor's kids and then you got an additional $30,000 each (They accidentally let this info out recently). There was some other property. When my Aunt died the executor, my uncle, left a strong impression with all concerned the estate was to be divided equally between siblings. It was also to be divided equally between nieces and nephews but with a lesser amount.

Now my Aunts will can not be found except for the cover letter and the bill from the attorney who prepared it. I will ask for that information in hopes the attorney still has a copy of the will and will share it with me. I was considering opening probate but not sure what good that would do if the will is lost. Also, if joint ownership trumps the will then what's the point.

My main goal is to know the truth so I can properly categorize each family member. I have learned in these forums that this up hill battle in court may not be worth the fight.

 

[mdconnor]

That is the answer. Period....
Is beyond me except out of greed, not integrity. On the death of Aunt, the money was then *owned* by the others. Legally, morally and in all ways I see. When I die, I wish you give my family all your money, OK? Is that fair?

Astonishing.

Are you saying that a persons lying and cheating because of greed does not reflect on their integrity?? I could not find any definition of "integrity" that allowed me to view this like you seem to be seeing it.

While this picture is far from complete there are plenty of facts. It is a fact that my Mother (I was her care giver and POA) got much less then her sister and brother. It is a fact that the executor lead me to believe the distribution was equal.

 

[Zigner]

I would estimate my Aunt's (never married, no kids) estate was worth 1 million +(bank accounts, bonds and CD's). My uncle the executor got $350,000 that we know of. My uncle's sister got $350,000. My uncle's other sister (my Mother that since died) got $30,000. Each niece and nephew got $5,000 unless you were the executor's kids and then you got an additional $30,000 each (They accidentally let this info out recently). There was some other property. When my Aunt died the executor, my uncle, left a strong impression with all concerned the estate was to be divided equally between siblings. It was also to be divided equally between nieces and nephews but with a lesser amount.

Now my Aunts will can not be found except for the cover letter and the bill from the attorney who prepared it. I will ask for that information in hopes the attorney still has a copy of the will and will share it with me. I was considering opening probate but not sure what good that would do if the will is lost. Also, if joint ownership trumps the will then what's the point.

My main goal is to know the truth so I can properly categorize each family member. I have learned in these forums that this up hill battle in court may not be worth the fight.

If probate was never opened, there is no "executor". If there is no original will, then there are no wishes to be "thwarted". If there is no ORIGINAL will, then there is NO WILL.
Remember, this is a LEGAL site. If the accounts were held as described, then there may very well be NO estate to speak of.

 

[Zigner]

Are you saying that a persons lying and cheating because of greed does not reflect on their integrity?? I could not find any definition of "integrity" that allowed me to view this like you seem to be seeing it.

If the money was held in the accounts as you described, then they have NO obligation to provide information to the prying relatives.

 

[mdconnor]

If the money was held in the accounts as you described, then they have NO obligation to provide information to the prying relatives.

It comes down to being morally right or legally right. It is unfortunate that more people can not be both.