-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Urgent help: no will for great grandparent from 1978
- Thread starter isis297
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
seniorjudge
Senior Member
Q: So we can't ask them to renounce?
A: Yes, you can.
Q: We can't offer to buy them out?
A: Yes, you can.
Q: They DO have 3 years from the time of WHO's death or from what starting point?
A: Probably from the date of death.
Q: The state DOES get their portion if they don't contact us?
A: No, that goes back into the estate.
Q: If they don't contact us, would we be out of line to go to them ourselves?
A: You need to be contacting them today.
Look, you will have to get a court to settle everyone's interests here. Get a lawyer and start the legal actions.
A: Yes, you can.
Q: We can't offer to buy them out?
A: Yes, you can.
Q: They DO have 3 years from the time of WHO's death or from what starting point?
A: Probably from the date of death.
Q: The state DOES get their portion if they don't contact us?
A: No, that goes back into the estate.
Q: If they don't contact us, would we be out of line to go to them ourselves?
A: You need to be contacting them today.
Look, you will have to get a court to settle everyone's interests here. Get a lawyer and start the legal actions.
We HAVE a lawyer. So far he's the only one who even told us that the cousins' portion would be on the current amount. Every other lawyer we talked to said it would be based on my great grandma's death year of 1978. We had another lawyer but we had to part ways when he wanted us to sign a form about paying X amount in taxes or fees or something and it was blank. We refused to sign it blank, it didn't even have an estate number on it, and he got an attitude. The lawyer we are with now had told my mom the form should have been filled out though the courts can change the amount. Come to find out 14 months later, the first lawyer never opened the estate! Now we are being surprised with all sorts of things including the stuff about the cousins.
Are their 3 years to contest from my grandmother's date of death in 2004? Is that because they were never notified (other than we had an obituary printed up when my great grandma died) when my great grandmother died in 1978? My mom and I never knew nothing had been done in 1978. Or should it have been based on 3 years from my great grandmother's death? Now we are worried the first lawyer didn't notify them a year ago when he said he did so that's why I'm not sure what the start date of the 3 years is too...1978, 2004, or 2006 when I know this lawyer is notifying them.
**Is there a site that I can read where it says their amount goes back into the estate if they don't contact us? That's what every other lawyer said but our new one is saying it goes to the state. So do we have to wait until the 3 years are up before the estate can be closed?
I know the courts will spell everything out when it gets to that point but it's not knowing what to expect that is driving us insane. We've heard so many different stories from so many different lawyers. We want to hold onto my great grandmother's house which is why we talked about buying the cousins out if they decide they do want their portion but our lawyer is telling us that we can't...that we HAVE to sell the house and he wants us to do it fast. Like I said, he also refuses to do anything that would open discussions of renouncing from or buying out the cousins. I'm to the point of waiting to see if they contact the lawyer and then if not going to talk to them myself but I don't know if that would be wise or not. I just thought when he sent them the notification letter, he could include something that said if we don't hear from you by mmddyy then we take that as your wish to renounce any claim or something along that line.
Thank you seniorjudge and please know I am not trying to be argumentative. I am just trying to know for sure what the basics are because so far we have gotten so many different answers it makes it hard to know what the truth is.
Are their 3 years to contest from my grandmother's date of death in 2004? Is that because they were never notified (other than we had an obituary printed up when my great grandma died) when my great grandmother died in 1978? My mom and I never knew nothing had been done in 1978. Or should it have been based on 3 years from my great grandmother's death? Now we are worried the first lawyer didn't notify them a year ago when he said he did so that's why I'm not sure what the start date of the 3 years is too...1978, 2004, or 2006 when I know this lawyer is notifying them.
**Is there a site that I can read where it says their amount goes back into the estate if they don't contact us? That's what every other lawyer said but our new one is saying it goes to the state. So do we have to wait until the 3 years are up before the estate can be closed?
I know the courts will spell everything out when it gets to that point but it's not knowing what to expect that is driving us insane. We've heard so many different stories from so many different lawyers. We want to hold onto my great grandmother's house which is why we talked about buying the cousins out if they decide they do want their portion but our lawyer is telling us that we can't...that we HAVE to sell the house and he wants us to do it fast. Like I said, he also refuses to do anything that would open discussions of renouncing from or buying out the cousins. I'm to the point of waiting to see if they contact the lawyer and then if not going to talk to them myself but I don't know if that would be wise or not. I just thought when he sent them the notification letter, he could include something that said if we don't hear from you by mmddyy then we take that as your wish to renounce any claim or something along that line.
Thank you seniorjudge and please know I am not trying to be argumentative. I am just trying to know for sure what the basics are because so far we have gotten so many different answers it makes it hard to know what the truth is.
I'm confused even more now! My mom just talked to the lawyer and he said that he isn't sending a letter to the cousins, that the courts do that. Is that because there wasn't a will? Also, on the form where the heirs for my great grandmother are listed, it has the estate of my grandmother and then each of the two cousins spelt out separately. That concerns me because it looks like they are due a third each...I just thought it would state something like Aunt so and so's issues and then list the two cousins under that heading kind of like they did for listing my grandma's estate as an heir.
That is not what we were told. We were told that at the time of my great grandmother's death, the estate would have been split between my grandmother who was living and her sister who had died because she had decendents. The cousins are her sister's sons. The estate is supposed to be split 50/50 amongst the estates but because the aunt died first, it "goes to her issues". They are each due a portion but a portion based on their mother's portion from what we have been told by every other lawyer.
If that's the case, then the fact that my grandmother has since died, shouldn't the four of us who ARE still a part of the family be added so that it is split amongst the 6 of us equally?
If that's the case, then the fact that my grandmother has since died, shouldn't the four of us who ARE still a part of the family be added so that it is split amongst the 6 of us equally?
Ohiogal
Queen Bee
your cousins are each an heir -- they take a representative portion. By heir I mean they inherit something based on these facts. Because they are inheriting their mother's portions, they are each listed individually. they split their mother's share and you get you and your siblings split your mother's share.isis297 said:
Thanks Ohiogal, I understand that part. This is the one I still don't understand...
Does the lawyer notify the cousins or the courts? Are their 3 years to contest from my grandmother's date of death in 2004? Is that because they were never notified (other than we had an obituary printed up when my great grandma died) when my great grandmother died in 1978? My mom and I never knew nothing had been done in 1978. Or should it have been based on 3 years from my great grandmother's death? Now we are worried the first lawyer didn't notify them a year ago when he said he did so that's why I'm not sure what the start date of the 3 years is too...1978, 2004, or 2006 when I know this lawyer is notifying them.
**Is there a site that I can read where it says their amount goes back into the estate if they don't contact us? That's what every other lawyer said but our new one is saying it goes to the state. So do we have to wait until the 3 years are up before the estate can be closed?
Does the lawyer notify the cousins or the courts? Are their 3 years to contest from my grandmother's date of death in 2004? Is that because they were never notified (other than we had an obituary printed up when my great grandma died) when my great grandmother died in 1978? My mom and I never knew nothing had been done in 1978. Or should it have been based on 3 years from my great grandmother's death? Now we are worried the first lawyer didn't notify them a year ago when he said he did so that's why I'm not sure what the start date of the 3 years is too...1978, 2004, or 2006 when I know this lawyer is notifying them.
**Is there a site that I can read where it says their amount goes back into the estate if they don't contact us? That's what every other lawyer said but our new one is saying it goes to the state. So do we have to wait until the 3 years are up before the estate can be closed?
seniorjudge
Senior Member
Q: Does the lawyer notify the cousins or the courts?
A: Any lawyer with any brains would've already contacted them and started trying to work something out. There may also be things the court will have to notify them about.
Q: Are their 3 years to contest from my grandmother's date of death in 2004?
A: If there is a will, they will start a contest within a certain period of time from the time the will is admitted to probate. If there is no will, there will have to be a lawsuit and everyone will get his chance to say something in court.
Q: Is that because they were never notified (other than we had an obituary printed up when my great grandma died) when my great grandmother died in 1978? My mom and I never knew nothing had been done in 1978. Or should it have been based on 3 years from my great grandmother's death? Now we are worried the first lawyer didn't notify them a year ago when he said he did so that's why I'm not sure what the start date of the 3 years is too...1978, 2004, or 2006 when I know this lawyer is notifying them.
A: Crystal ball is broken.
A: Any lawyer with any brains would've already contacted them and started trying to work something out. There may also be things the court will have to notify them about.
Q: Are their 3 years to contest from my grandmother's date of death in 2004?
A: If there is a will, they will start a contest within a certain period of time from the time the will is admitted to probate. If there is no will, there will have to be a lawsuit and everyone will get his chance to say something in court.
Q: Is that because they were never notified (other than we had an obituary printed up when my great grandma died) when my great grandmother died in 1978? My mom and I never knew nothing had been done in 1978. Or should it have been based on 3 years from my great grandmother's death? Now we are worried the first lawyer didn't notify them a year ago when he said he did so that's why I'm not sure what the start date of the 3 years is too...1978, 2004, or 2006 when I know this lawyer is notifying them.
A: Crystal ball is broken.
isis....
if you have a lawyer, why are you not asking HIM all of these questions? You kinda seem to be getting frustrated here and only ask more questions to the ones that were already answered. I would think that you would get quicker results by just sitting down with your lawyer and getting everything answered in one day.
if you have a lawyer, why are you not asking HIM all of these questions? You kinda seem to be getting frustrated here and only ask more questions to the ones that were already answered. I would think that you would get quicker results by just sitting down with your lawyer and getting everything answered in one day.
The reason I am asking the questions here is because we have had so much trouble so far. We had a lawyer for 14 months who was supposedly doing all of these things such as opening the estates, contacting the cousins, etc. Everything fell apart with him when he asked my mom, challenged aunt and uncle, and me to sign a form for each estate that was basically blank. There weren't estate numbers nor a figure as to the amount we "agreed" we would have to pay out to the courts for inheritance tax or something along those lines. He told us the cousins had 9 months or a year, I forget which now, to contact us and at the 14 month mark, he "hadn't heard from them". He also told us if we did, their portion would go back to 1978 and if we didn't, their portion would go back into the remainder of the estate.
When everything happened with those forms, my mom and I began to question that he was working in our best interest so she talked to the attorney we have now. He told her to ask the lawyer at the time to fill the form out again to which the first one refused and said he never fills it out so we dismissed him and went with the current lawyer. Now after all this time, he tells us no estates were ever opened, the form should have been filled out, a trust should have been set up for my challenged aunt and uncle and my mom should have been made their guardian, the cousins do get a portion and if they don't come forward the state gets their portion, and their portion is based on the current year.
He wanted my mom to auction the house that is free and clear per my grandmother's will then auction my great grandmother's house. I called him and asked where she was supposed to live between the time the second house was sold and the time the estate was closed since we can't get any money until then and his reply was, "Well that's a very good question." Hello?! Why wouldn't he include that in what he was telling her? "Oh by the way, you'll need a place to live because closing the estate takes X amount of time." He's never even mentioned that because there wasn't a will there would be a lawsuit and we'd have to go to court as seniorjudge just mentioned!
We would like to sell my GGM's house, not auction it. We understand that there are laws and that what we don't want to happen, is going to happen. We understand that. It's that even the current lawyer will tell us one thing (I will send a letter to the cousins.) then tells us something else later (I don't send the letter to the cousins...the courts send a form.). It confuses us and I don't know where else to go to know what we are being told today is right and what we will still be told tomorrow.
We have gotten 2 mailings of simple forms from his office, both of which had mistakes on them which concerns us. When all is said and done, it's the way he talks to us too. He does the "the law is the law" thing in this drawn out, get over it kind of way which makes us feel like he doesn't have our best interest at heart. Like I said, I understand the laws are what they are but I would love to have an attorney who says this is what it is. No more saying one thing one day and something else another which is confusing and who might try to be a little understanding saying, "I know this sucks. Unfortunately our hands are tied." It might seem silly to some but this is hard for us and we need to feel like he cares about us as his clients.
We are trying to let go of the situation but it has taken my mom and me some time as these "relatives" haven't see us in 36 years! It isn't like we just recently had a falling out. My mom helped take care of my GGM before she died 26 years ago and we helped take care of my grandmother the years before she died. I had every prom, graduation, and even wedding photographed at that home. That house has meaning to us and while we may have had to sell it at some point, to be told we HAVE to sell it now because these "relatives" are "entitled" to half of its value has been a hard pill to swallow.
I'm sorry I have come across as frustrated, but I am though not as much as I started out. Not now or ever with anyone on this board of course. I am especially deeply grateful for the time seniorjudge has spent with me and appreciate his answers and the delivery of them. I guess when it comes down to it, if you can't trust your lawyer, you shouldn't be working with him. Again, I'm sorry if I've taken up too much time on this board and hope you understand where I'm coming from.
When everything happened with those forms, my mom and I began to question that he was working in our best interest so she talked to the attorney we have now. He told her to ask the lawyer at the time to fill the form out again to which the first one refused and said he never fills it out so we dismissed him and went with the current lawyer. Now after all this time, he tells us no estates were ever opened, the form should have been filled out, a trust should have been set up for my challenged aunt and uncle and my mom should have been made their guardian, the cousins do get a portion and if they don't come forward the state gets their portion, and their portion is based on the current year.
He wanted my mom to auction the house that is free and clear per my grandmother's will then auction my great grandmother's house. I called him and asked where she was supposed to live between the time the second house was sold and the time the estate was closed since we can't get any money until then and his reply was, "Well that's a very good question." Hello?! Why wouldn't he include that in what he was telling her? "Oh by the way, you'll need a place to live because closing the estate takes X amount of time." He's never even mentioned that because there wasn't a will there would be a lawsuit and we'd have to go to court as seniorjudge just mentioned!
We would like to sell my GGM's house, not auction it. We understand that there are laws and that what we don't want to happen, is going to happen. We understand that. It's that even the current lawyer will tell us one thing (I will send a letter to the cousins.) then tells us something else later (I don't send the letter to the cousins...the courts send a form.). It confuses us and I don't know where else to go to know what we are being told today is right and what we will still be told tomorrow.
We have gotten 2 mailings of simple forms from his office, both of which had mistakes on them which concerns us. When all is said and done, it's the way he talks to us too. He does the "the law is the law" thing in this drawn out, get over it kind of way which makes us feel like he doesn't have our best interest at heart. Like I said, I understand the laws are what they are but I would love to have an attorney who says this is what it is. No more saying one thing one day and something else another which is confusing and who might try to be a little understanding saying, "I know this sucks. Unfortunately our hands are tied." It might seem silly to some but this is hard for us and we need to feel like he cares about us as his clients.
We are trying to let go of the situation but it has taken my mom and me some time as these "relatives" haven't see us in 36 years! It isn't like we just recently had a falling out. My mom helped take care of my GGM before she died 26 years ago and we helped take care of my grandmother the years before she died. I had every prom, graduation, and even wedding photographed at that home. That house has meaning to us and while we may have had to sell it at some point, to be told we HAVE to sell it now because these "relatives" are "entitled" to half of its value has been a hard pill to swallow.
I'm sorry I have come across as frustrated, but I am though not as much as I started out. Not now or ever with anyone on this board of course. I am especially deeply grateful for the time seniorjudge has spent with me and appreciate his answers and the delivery of them. I guess when it comes down to it, if you can't trust your lawyer, you shouldn't be working with him. Again, I'm sorry if I've taken up too much time on this board and hope you understand where I'm coming from.
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">