Probate question

[laughing lioness]

My dad passed away 3 weeks ago. My mom died over a decade ago. My dad's wife (he's been married 6 years, I've met this lady twice- once the year before at my sister's funeral) would not discuss the will when we were there for the funeral. She stated (to another relative) "we'd get to it later."

It's later and not a word from her.

I'd appreciate any advice or experience you've had regarding what protocol should be. I want to see the will. I know it's public record but how to access it?

[OrganicAnn]

Do you have any idea who your Dad's lawyer would be? Usually the lawyer keeps a copy of the will. If the is no will, then the state dictates how the estate is divided.

 

Often there is a reading of the will. The lawyer/executor will contact everyone in the will to be present.

 

I will say that the first few weeks after a funeral can be very emotional. So it may take a little longer for her to deal with things. On the other hand, she may be moving assets around.

[laughing lioness]

I know there is a will. I don't know who his lawyer was.

[Ibbygirl]

If an estate is open in probate, then the will will be on file in the courthouse in the county that your dad passed in. You can call the county courthouse's probate division and someone on the phone should be able to tell you if an estate has been filed yet if you give them your dad's name and date of death. I used to work in probate in the courthouse in my county and I would get those calls all the time. If your dad's will is on file, you can purchase a certified copy of it and have it mailed to your home. It will name who the executor of his estate is and you at least contact that person about getting the ball rolling. It should also list who all of the beneficiaries are and even what they are entitled to.

 

I'm so sorry about your dad. That is so difficult to go through enough without having to worry about his estate as well. You have my sympathies and best wishes. :grouphug:

[Wildiris]

Sorry to read of your dad's passing.

 

Even if there is a will your dad may have put everything in your step-mom's name such as the house, IRA accounts and so forth to care for her after his passing. If done this way, a person's estate does not pass through probate. Instead the estate transfers directly.

 

DH's grandma passed away last year. Her will mysteriously disappeared. The court processes is a nightmare for my MIL. The court did not accept the testimony of grandma's layer nor his copy of the will. The copy needed to notarize to stand up in court.

 

People get very strange about money and death. Tread lightly.

 

Did your father ever show you a will? What do your brothers and sisters say if you have any that might have seen the will.

[Ibbygirl]

Even if there is a will your dad may have put everything in your step-mom's name such as the house, IRA accounts and so forth to care for her after his passing. If done this way, a person's estate does not pass through probate. Instead the estate transfers directly.

 

Yes this is true. If his property and accounts are in both of their names then she can have ownership transferred to her soley by just producing his death certificate without having to probate.

 

I'd call the probate office anyway just to be sure. I wish you luck. :grouphug:

[asta]

All of the above and, 3 weeks is actually very early for dealing with a will nowadays.

 

We just dealt with this last year (August) with my MIL. The estate was settled in July (2010). It's not a short process.

 

 

a

[Tammyla]

:grouphug:Lisa:grouphug:

 

I'm so sorry for your loss.

[laughing lioness]

Thank-you! I appreciate the words of wisdom. Trying to tread lightly- that is a good word!

[laughing lioness]

o.k. called the county and talked to the probate office. The executor of the estate has to file the will. I'm sure that dad's wife is the executor. If she doesn't file it, then what? The probate office said they can't do anything till she files it- so how long does she get to not show anyone the will?

[asta]

o.k. called the county and talked to the probate office. The executor of the estate has to file the will. I'm sure that dad's wife is the executor. If she doesn't file it, then what? The probate office said they can't do anything till she files it- so how long does she get to not show anyone the will?

 

You'll need to check with a lawyer who deals with estate law in your state. IME, if a person is the executor of an estate, they file on their own time. If she is the only person who is named in the will, don't expect her to be filing any time soon, as the estate process is a nightmare and grieving only makes it harder.

 

 

asta

[Unicorn.]

You'll need to check with a lawyer who deals with estate law in your state. IME, if a person is the executor of an estate, they file on their own time. If she is the only person who is named in the will, don't expect her to be filing any time soon, as the estate process is a nightmare and grieving only makes it harder.

 

 

asta

 

:iagree: If a will doesn't have to go through probate, then it could be a year before she gets around to filing it. My best advice is to talk to an attorney.

:grouphug:

[Oak Knoll Mom]

Yes this is true. If his property and accounts are in both of their names then she can have ownership transferred to her soley by just producing his death certificate without having to probate.

 

I'd call the probate office anyway just to be sure. I wish you luck. :grouphug:

 

Apparently this is not true in all states. My mom just went to an attorney this morning concerning my dad's estate and was told that she owns half of everything, and then she will get half of my dad's half and what's left will be split among the kids. I know that one of my brothers and I will sign a waiver of inheritance, but I'm not so sure my other two brothers will be so generous. (I can't believe my dad didn't have a will.)

[Supertechmom]

Yep, My dad died without a will. My mom was entitled to half and then the other half of the half. we 4 kids received a quarter of the quarter?? ( DId I do my fractions right? She walked out with 3 parts and we split the last part 4 ways. Wheres' that bar model LOL!) Wasn't bad for us but in the case of my mil's new man, his wife left a will leaving him out of it completely beyond the right to live in the house until death. He tried to move my mil into that house and the stepkids went bonkers. By the time everyone got done with court, he walked away with half of everything despite being willed nothing. (and he knew he would get nothing.) So it can be a pain with or without a will.

 

Sometimes you can call a probate judge and they will give you answers if it's a case that won't wind up in their court.

 

:grouphug::grouphug::grouphug:

[amy g.]

My dad passed away on November 13th, so very close to the time your dad died. He gave his lawyer a notarized original of his will just 5 days before he died, so we are covered on that front.

 

It took over a week to get the death certificate. The lawyer has given us papers that my sister and I signed and notarized waiving some 30 day wait period. When we return those papers, the lawyer will try to get a court date for December 20. If there is the slightest delay, it will be January before I can get letters from a judge allowing me to act as executrix.

 

I'm just letting you know that it seems to take a while, particularly at this time of year.

 

I hope it all works out for you.

 

I remember what I wanted to add. Before he died, my dad put some money in a joint account with me. The attorney told me that money is not part of the estate and does not have to be shared with my sister. Of course, I will split it with her, and am still being careful to only use the money to pay things like his electric bill, or his funeral.

Edited December 6, 2010 by amy g.

[Ibbygirl]

Apparently this is not true in all states. My mom just went to an attorney this morning concerning my dad's estate and was told that she owns half of everything, and then she will get half of my dad's half and what's left will be split among the kids. I know that one of my brothers and I will sign a waiver of inheritance, but I'm not so sure my other two brothers will be so generous. (I can't believe my dad didn't have a will.)

 

Were you listed as beneficiaries?? In my state, if someone is listed on a bank account say, just for example, they can be listed as a beneficiary on the account or the account can be joint using the word John OR Jane Doe or it can have both John or Jane plus additional beneficiaries (like children). So if John dies and it is a John OR Jane account with no other named beneficiary then Jane only has to provide a death certificate proving to the bank that John has passed and the account becomes hers soley. The will is never taken into account (if a will exists at all) since it is all done outside of Probate. That's how it is in Florida anyway.

Edited December 6, 2010 by Ibbygirl

[Oak Knoll Mom]

Were you listed as beneficiaries?? In my state, if someone is listed on a bank account say, just for example, they can be listed as a beneficiary on the account or the account can be joint using the word John OR Jane Doe or it can have both John or Jane plus additional beneficiaries (like children). So if John dies and it is a John OR Jane account with no other named beneficiary then Jane only has to provide a death certificate proving to the bank that John has passed and the account becomes hers soley. The will is never taken into account (if a will exists at all) since it is all done outside of Probate. That's how it is in Florida anyway.

 

Yes, the bank account is done that way. Also, life insurance payout is outside of probate. Other assets and debts go through probate. It doesn't matter that my mom has her name on every thing they owned. The law considers her 1/2 owner and she inherits 1/2 of my dad's half and we four kids split the other 1/2 of my dad's half.

[Ibbygirl]

Yes, the bank account is done that way. Also, life insurance payout is outside of probate. Other assets and debts go through probate. It doesn't matter that my mom has her name on every thing they owned. The law considers her 1/2 owner and she inherits 1/2 of my dad's half and we four kids split the other 1/2 of my dad's half.

 

Oh wow. Yeah here in Florida, if your house is declared real property and your car and all of your assets are in a John or Jane Doe type of set up, you can do the whole thing outside of probate with just the death certificate. A will never has to be filed with Probate nor an estate ever opened.

[Catwoman]

:grouphug::grouphug::grouphug:

 

I'm terribly sorry about your father. If his wife is truly grieving the loss of your father, she may not have even begun to think about dealing with his will. Some people want to get everything over with as soon as possible, while others put it off as long as they can because it's too painful.

 

If you're sure you were mentioned in the will, you could give her a call and ask her when she plans to take care of things, but it's hard to do that without sounding like all you care about is the money.

 

Perhaps you could call her and ask her how she's doing. You may not know each other very well, but you share a huge loss, and perhaps she would like having someone to talk to.

 

OTOH, if you have any indication that she's a weasel who can't be trusted, you may need to speak with your attorney to find out how to protect your interests.

 

Cat

[datgh]

Could she possibly be avoiding all the siblings because she thinks you might not be happy with the way your Dad left everything. Money can do very strange things to people in these situations so tread softly. Ask how I know that?:blink: When I was executor of my uncle's estate in NJ, you couldn't even probate the will until ten days after the death. Then I think I had two months to notify in writing the beneficiaries and also next of kin. Next of kin had to be notified whether they where a benficary or not. The whole process was over whelming. As one poster said, dealing with probate is a time consuming nightmare. Dealing with the family is a whole seprate nightmare especially if they are expecting something only to find out they aren't getting it. My uncle left me holding the bag because he changed his will and cut a lot of people out without telling them. Of course it was a total surprise when I found out that I was the executor. He didn't tell me that part either. The whole process took me almost a year. Add in grieving and it can be totally overwhelming. Your father also could have named his lawyer or someone outside the family as his executor too.