Legal Disposition of Assets

[boyersa]

Nevada
My wife's mother passed away @1 year ago (2005). I (son-in law of the deceased) have in my possession my mother-in-law's last signed and dated will as I was named by her as executor of the estate. Because my wife is chronically ill and I live in another state (the deceased resided the last days of her life in Texas), her biological son (also in Texas) was overseeing her care (in a nursing home) and was paying her medical fees as necessary from his mother's savings. When the mother passed, she was buried in Texas and in the past 12 months, no mention has been made as to the liquidation and disposition of her remaining assets, nor has any new or revised will come to light. Twice, I have formally requested information from the son of the deceased (as executor) pertaining to my wife's portion of her mother's estate > as clearly defined in the last known signed will. No response has followed from my wife's sibling and I fear the worst; that possibly because my wife is ill that she may have been purposely ignored and the assets have already been divided by her 3 remaining siblings without regard to the last wishes of their mother. Is legal action justified in this situation?What is the name of your state?

 

[seniorjudge]

Nevada
My wife's mother passed away @1 year ago (2005). I (son-in law of the deceased) have in my possession my mother-in-law's last signed and dated will as I was named by her as executor of the estate. Because my wife is chronically ill and I live in another state (the deceased resided the last days of her life in Texas), her biological son (also in Texas) was overseeing her care (in a nursing home) and was paying her medical fees as necessary from his mother's savings. When the mother passed, she was buried in Texas and in the past 12 months, no mention has been made as to the liquidation and disposition of her remaining assets, nor has any new or revised will come to light. Twice, I have formally requested information from the son of the deceased (as executor) pertaining to my wife's portion of her mother's estate > as clearly defined in the last known signed will. No response has followed from my wife's sibling and I fear the worst; that possibly because my wife is ill that she may have been purposely ignored and the assets have already been divided by her 3 remaining siblings without regard to the last wishes of their mother. Is legal action justified in this situation?What is the name of your state?

Did you open a probate estate after ma passed?

 

[seniorjudge]

https://forum.freeadvice.com/showthread.php?t=324231


BTW, you never did answer these questions....

 

[Dandy Don]

Your mistake was in not consulting an attorney soon after her death occurred (actually it was your wife's responsibility to do this or hire a probate attorney to get it done).

So if the assets have already been distributed, it's no one's fault but yours for not acting sooner. Kind of cheeky to be asking for information when you were in control by having the will, but it is also possible that there may not have been enough assets in the estate to make a distribution.

Check at the county courthouse probate court to see if anyone filed to be executor of this estate, and if nothing has been filed, consult a probate attorney in the same city/county in Texas where the death occurred to get advice about how to proceed. If the will mentions some assets that have not already been claimed, then probate is needed.

DANDY DON IN OKLAHOMA ([email protected])