Legal Advice Please

[Alsobrook]

Granted I don't know much. The only experience I had was......inheriting my mother's share of my grandmothers estate thru....stireps.

That's how that hogwash worked for me.

Great. It's irrelevant in the instance described by the OP. OP knows there's a will, hasn't seen it, and now we learn that the will hasn't been probated.

This is why people should seek out qualified attorneys to navigate these waters. As for the OPs comments about the lawyer who may be a personal attorney, etc..... again, that's why you go to an attorney. Never make assumptions, go talk with a qualified professional.

 

[DopeyDame]

As the others have stated, please find an attorney ASAP. Something sounds shady. Maybe it's not - maybe the will says you each get $500 and the uncle gets everything else, so he just didn't bother filing (still not cool, but maybe not malicious). Or... maybe something else is going on here.
There are about a million different ways a will could have been written and each state has its own unique laws of inheritance, so there's really nothing to do at this point but to get a good lawyer, see what the will says, and take it from there.
Good luck. I'm so sorry you're having to deal with all this. Unfortunately, money and death sometimes bring out the worst in peopel. I truly hope that's not the case with your uncle.

 

[Ciao Mickey]

I thought if there is a will it has to be probated in the courts and you only have a certain amount of time to do it because taxes have to be paid and debts settled.

So how can she have a will and it not be probated?

Wills can be changed. I changed mine once my mother-in-law died. She was in it and I wanted to make absolutely certain that her portion did not pass on to any one in my husband's family.

OP are you sure that a new will wasn't written once your mother died?

Why don't you call your aunt and ask her what is going on?

Is there a lot of money in the estate? If so, I would talk to a lawyer ASAP.

 

[Sadie22]

How about calling your uncle and aunt (his wife) and asking to come over to talk about this, rather than hitting them with threatened legal action. Your uncle may not have known how to handle this matter and may believe that he has been doing everything the best way. He may not have any idea that there was any other way to handle things other than the way he has been. What I'm saying is that he may not see it as that he has kept anything from you. Around here notice of probate and appointment of a personal representative to handle the estate would be mailed to heirs, but your uncle may not have gone through the Register of Wills, Clerk of the Court, or whoever handles these matters in your area because he did not know to do that and/or wanted to save the money. As family members try to speak pleasantly with your uncle and aunt and get their side of things before creating an ugly situation.

If your uncle and aunt refuse to talk to you, that's when you might get an attorney to advise you.

 

[manning]

Great. It's irrelevant in the instance described by the OP. OP knows there's a will, hasn't seen it, and now we learn that the will hasn't been probated.

This is why people should seek out qualified attorneys to navigate these waters. As for the OPs comments about the lawyer who may be a personal attorney, etc..... again, that's why you go to an attorney. Never make assumptions, go talk with a qualified professional.

My grandmother had a will and never revised it. My mother died before her. My mother was named in the will. Because it was never revised I inherited my mother's share thru stireps

If there is a will in the OP case and the OP mother was named in it then the OP gets the mother's share.


The problem is if there is anything left. If the amount is worth it. If you do and the executor is convicted two things happens. He goes to jail, if that is allowed and maybe OP gets some or all restitution.

 

[A_Princess'_Daddy]

I just want to point out that if the decedent utilized a trust to disperse her estate, rather than a will, it does not need to be, and will not be, probated, it is not a public document, and those not entitled to a share do not need to be informed nor do the have a right to see how the estate was divided (nor, in some cases, do those included even have a right to see what else was divided up). I'm not saying that is what happened here, but it's pretty common with more complicated and larger estates, or in cases where the parties desire privacy.

In the case of my wife's and my estate, everything is in a series of trusts and it will never need to be probated. The simple fact that there is no will probated is in no way determinative that something nefarious has happened.

 

[A_Princess'_Daddy]

My grandmother had a will and never revised it. My mother died before her. My mother was named in the will. Because it was never revised I inherited my mother's share thru stireps

If there is a will in the OP case and the OP mother was named in it then the OP gets the mother's share.


The problem is if there is anything left. If the amount is worth it. If you do and the executor is convicted two things happens. He goes to jail, if that is allowed and maybe OP gets some or all restitution.

Not necessarily, much less automatically. It is not uncommon for a will or trust to stipulate that, if a named beneficiary predeceases the execution of the will or trust triggered by the death of the testator, that the beneficiary's share reverts to the estate to be divided amongst the remaining survivors, or some other formula that the testator elects to utilize.

 

[Alsobrook]

My grandmother had a will and never revised it. My mother died before her. My mother was named in the will. Because it was never revised I inherited my mother's share thru stireps

If there is a will in the OP case and the OP mother was named in it then the OP gets the mother's share.


The problem is if there is anything left. If the amount is worth it. If you do and the executor is convicted two things happens. He goes to jail, if that is allowed and maybe OP gets some or all restitution.

Again, and I cannot stress this enough... you are describing your individual situation which is not at all relevant to the OPs situation. You have to actually read the entire will. Four corners of the document. Every state is different, wills are very different, you can't take what happened with you and say it automatically provides guidance to someone else.

Your statement that if there is a will in the OP case and the OP mother is named then X could be right, but could also be very, very wrong. Tis why you go to an attorney.

The rest of the post is conjecture, speculation, and not particularly helpful.

I almost wish the disboards prohibited questions seeking legal advice. No attorney ought to be giving it on here and people ought to avoid the peanut gallery, armchair analysis anyway.

 

[manning]

It's amazing what that one little word does to us

A&&/u/me.


We all don't know the whole story. I just put it out there for the OP to beware of all things. Never told her this is what it would be. Again. Assume.

 

[ILMICKEY]

Thank you all for your advice and opinions. Of course I am aware it is just advice and opinions.

I received a call from the Lawyers office wanting my address so they could send me a copy of the will. So this is a start. When my sister and I have our hands on it we will make an appointment to speak to an attorney.

To the poster that said I should just call my uncle and ask about it all, you are very right. I would do this if I didn't feel he gave a crap about my sister and I. After my grandmother passed, we asked for something of hers and my grandfather. They had many things in the home we had admired since we were little. Things that you would just look at to remember our youth and the family times we shared. Unfortunately we were told no. Although our cousins were able to go in and sort through pictures, take what they wanted or needed and for one lucky cousin, they got to move in. I wish it was that easy. I think the fact we couldn't had anything, is pretty sad. But really, it was a very nice thought.

 

[Sadie22]

Thank you all for your advice and opinions. Of course I am aware it is just advice and opinions.

I received a call from the Lawyers office wanting my address so they could send me a copy of the will. So this is a start. When my sister and I have our hands on it we will make an appointment to speak to an attorney.

To the poster that said I should just call my uncle and ask about it all, you are very right. I would do this if I didn't feel he gave a crap about my sister and I. After my grandmother passed, we asked for something of hers and my grandfather. They had many things in the home we had admired since we were little. Things that you would just look at to remember our youth and the family times we shared. Unfortunately we were told no. Although our cousins were able to go in and sort through pictures, take what they wanted or needed and for one lucky cousin, they got to move in. I wish it was that easy. I think the fact we couldn't had anything, is pretty sad. But really, it was a very nice thought.

I'm glad you and your sister are getting a copy of the will from the lawyer.

Regarding asking for something from your grandparents' home, I'm sad for you that that didn't happen. Whether it was a week or a year after your grandmother's death, it may have been too soon for her son, your uncle to deal with and he reacted inappropriately. Perhaps things would be different now. After you get the will, perhaps the lawyer (or one of your own) can be of some help in this regard.