a few questions about no will

[oaklee]

New York
long story short: my uncle (mothers deceased sisters husband) passed away and left only a partial copy of his will. We know that there was a will that was placed in a safe that has since gone missing(somewhere between ny and florida). My mother was raised by my uncle and they shared bank accounts and she helped him pay bills and vice versa. Since my uncles passing she has been paying his bills, funeral expenses, etc. She has since been told that she will have no rights to any inheritance and everything will go to his next blood relative(ie long lost nephews we dont even know the names of).

is there anything that my mother can do to at least recoup the funeral expenses, and other bills she has paid? Does she or I have any claims of inheritance?

Thanks for any advice.

 

[FlyingRon]

She was told by whom?

The first step is to understand what you mean by "shared bank accounts." Depending on how the accounts were set up she could now be in sole possession of that money or not.

I don't know what you mean by a "partial will." Either the will is valid or the laws of intestate succession take over.

To cover debts of the deceased including the funeral costs, she should make a claim against the estate. Someone, perhaps even her, should contact an attorney to open probate.

You don't however, get inheritance rights just because you did nice things for the deceased. Someone will need to look at the will and the laws of intestate succession and what surviving potential heirs there are to make a decision as to the disposition of assets after the estate debts are taken care of (which always comes first).

 

[oaklee]

Thanks.
She was told by her attorney, by "partial will" I mean she only has a copy of 1 of 2 pages. The original was kept in a safe with other important documents that are since missing (life insurance car registrations, etc), his house was ransacked by a girlfriends son which they removed everything from his house, tvs, furniture, etc.

I guess my next question would be if in-laws are included in the laws of intestate succession?

 

[HRZ]

What exactly do you mean by shared bank accounts ? If the accounts are now her accounts she is on very unsafe ground to be paying estate bills with her money if the estate is upside down or in the end administrator disputes the costs .

As above , look up the intestate laws for the state in which uncle was a resident ..it may or may not be FL. Mom may be low or not even on pecking order.

IT might be practical if Mom seeks formal administration of intestate person ..she is likely entitled to a modest fee or commission off the top of the pile plus expenses of doing the task ..inc costs of counsel to assist

 

[HRZ]

In laws are not entitled to anything ...and GF and her son are probably involved in criminal acts and a police report seems in order.

The gold standard is a signed original of will ...anything less is very very problematic ...the attorney who created the will " might" have an original on file ..try .

 

[oaklee]

My mom and uncle shared a checking/savings account. From what I am told she has full access to the accounts still.
The estate is not upside down, there is a home that is paid for, but my mom is paying the taxes, electric, sewer, etc.
He was a NY resident, not Florida.
When I look up intestate laws for NY they are a bit confusing, and I do not understand if my family counts are relatives or not. As he was my uncle, just as he was two other people.

 

[FlyingRon]

Again it matters exactly how the accounts were set up. Just because the bank didn't CATCH her drawing improperly on estate funds, doesn't mean it was proper. She should be talking to that attorney about what she is doing or intends to do.

A single page from a will that is multiple pages is MEANINGLESS. Unless they find a valid (witnessed or holographic) complete will, then the laws of intestate succession apply.

If the probate has not yet been opened, she should as the attorney how to do so.

 

[HRZ]

IF it was a joint account w right of survivor then it's now all her money and she is on unsafe ground to be paying his bills if she expects recovery .

Somebody needs to step up to the plate and seek administration under intestacy ..if he was a NY resident so be it , use NY.
HINT: the person is entitled to be paid for doing the work!
HINT: 1 copy page of a 2 page will is super unlikely to count...but for the sake of debate..just who is the named executor ?

 

[oaklee]

ok thanks. She will call both the bank and her attorney. She knows the accounts were set up that if something were to happen to him, she would get the funds and vice versa.

She is named executor on page 1.

 

[oaklee]

One last thing to bring to this:
she has a full copy of my aunts(her sister) will. Which again names my mother executor, and is full complete, signed, witnessed etc. She passed away about 20 years ago. Is this something that might help her cause?

 

[Zigner]

One last thing to bring to this:
she has a full copy of my aunts(her sister) will. Which again names my mother executor, and is full complete, signed, witnessed etc. She passed away about 20 years ago. Is this something that might help her cause?

I'm not sure why you think that would help. (?)

 

[oaklee]

because that will was never processed, executed, or whatever the legal term is. just grasping at straws here.

 

[FlyingRon]

Just because someone is named an executor in the will doesn't give them any obligation to do anything. The fiduciary responsibility begins once probate is commenced and the court approves the executor/administrator.

Again, if probate is opened and you have a valid claim, make it to the representative that was appointed.
If probate is not opened, pursue getting it opened.

Mom has an attorney, why isn't he helping?

 

[oaklee]

because "hes never seen anything like this" my advice was to get a new attorney.

 

[Zigner]

because that will was never processed, executed, or whatever the legal term is. just grasping at straws here.

That can easily complicate matters, not make them easier.