I have a problem with a family member who will not let me see my deseased Father's will. I do not know the name of the attorney who drew up the will. I think this famly member is draining my inheritance. The family member is my mother,his former wife. And yes I know there is a will. Everytime I bring up the subject she has no time to talk or she changes the subject or ends up not even answering her phone for weeks. She lies constantly about pretty much everything whenever I get her on the phone.
2006-06-28 06:58:55 · 14 answers · asked by Anonymous in Family & Relationships ➔ Friends
me.thinks.dat.in.the.dead.of.d.night.you.sneak.in.
2006-06-28 07:02:14 · answer #1 · answered by X factor 2 · 0⤊ 0⤋
I am sorry to hear about your difficulties, but here goes:
When your father passed away, his will was in the care of a lawyer. The lawyer represents you father, and the person his estate went too - usally the wife. It would be the lawyer's legal obligation to notify you personally about the contents of the will ONLY if you were referred to by name in the will. If you were not, it is not your right to examine any document - it was a legal document put in the care of the lawyer. If you're mentioned, it is his obligation to see you get what you are owed, and to tell you what you are owed. Since this didn't happen, your father probably didn't name you specifically.
You father may have left everything to his wife - which is quite common. She would be under no obligation to share it with you.
However, most states or provinces have a department were the wills of the deceased are filed by their legal counsel - this is manditory if a lawyer was involved either before or after death. You can find out the name of that department by phoning your state/provincial representative and asking them. Then you can contact that department and perhaps, with proof, they will alow you a copy of the will if you are mentioned in it or give you the name of the lawyer. Therefore, if they won't give you a copy or tell you the lawyer's name - you weren't mentioned. Sorry! It could well be that your mother inherited everything and doesn't want to give you anything - or maybe she thinks you are only thinking about money right now??? If that is the only reason you are calling she may be offended.
Try putting your relaionship back on track in other ways - then you can ask (next year) whether dad left you any special momentos in his will.
Good Luck!
2006-06-28 14:09:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The will should have been filed when the estate was probated. That would be a good place to start. Go to the county courthouse for the county in which your father lived when he died. You'll need an attorney eventually. Don't agree to give them a percentage of the estate, your share, or what they recover. Pay by the hour and have them start with writing a very sternly worded letter which lays out the punishment for fraud, etc.
2006-06-28 14:03:46 · answer #3 · answered by Oh Boy! 5 · 0⤊ 0⤋
I would say, "Mother, I need for you to let me see fathers will and make a copy of it to take to my attorney. I will be drawing up a will of my own and need the information. Please don't ignore me or you will be hearing from my attorney. I am tired of asking and being avoided by you."
Plain and simple and to the point. If she doddles then have an attorney look for records on files with the court and he can ask her, or supeona them.
Death and inheiritance always ends up ugly. People change when money is involved. Be aware of that.
Free legal aid> http://www.legal-aid-service.info/
2006-06-28 14:08:15 · answer #4 · answered by divaterry1 3 · 0⤊ 0⤋
Sorry to hear that your father died and your relationship with your mother is rocky- otherwise why wouldn't she let you see the will. Ask a judge to subpeana the records. If she is drawing off your inheritance, you may need to take her to court. This maybe hard for you do whereas she is your mother, but you need to do what is best for you and your family.
2006-06-28 14:05:07 · answer #5 · answered by BB 3 · 0⤊ 0⤋
You would have to petition the Probate Court to appoint an administrator over the named executor in the will and then - if you are a beneficiary of the will - the administrator would allow you to review the will itself.
If your father's estate was too small to be probated, then you would have to still go to Probate Court and file a petition to be allowed a copy of the will.
2006-06-28 14:02:47 · answer #6 · answered by two 4 · 0⤊ 0⤋
If the will was probated try going to the county court house and requesting a copy. If there is that much animonsity maybe you should hire your own attorney.
2006-06-28 14:01:19 · answer #7 · answered by dcbowls 4 · 0⤊ 0⤋
you should talk to a lawyer in your area. a lawyer can steer you in the right direction. just call one up and start talking to them.
You will definitely need a lawyer in the long run if you are going to take any actions.
You should shop around for the best lawyer. Don't just go with the first one that pays attention to you.
2006-06-28 14:00:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I think the other people are right. You should check with a lawyer or start with the court house records.
2006-06-28 14:07:33 · answer #9 · answered by Andrew Y 1 · 0⤊ 0⤋
get a lawyer if ur father past away then legaly the will is every1s to read and see....
Best thing is tell her ur gettin a lawyer and taking her 2 court over it.....
I bet shell give u a copy right then
2006-06-28 14:01:54 · answer #10 · answered by tats 3 · 0⤊ 0⤋
talk to a lawyer about this. you may be a part of this will, but your mother might not want you to know. you could have a legal problem here.
2006-06-28 14:01:17 · answer #11 · answered by brainlessbandit 5 · 0⤊ 0⤋