Does any body out there know anything about a will?

Question

My parents do not have a will and will not get one. They have already gave one house, one acre to my sister-in-law after my brother passed away. The other 2 acres and house that my parents have now is suppose to be mine when they are both gone. Mom says that on the deed to the land and the house, that her and dad put me down as a survivor with my name listed on it. My sister-in-law still has these papers in her possession. What I would like to know is when both of my parents are gone, can her and her kids take this place away from me? They want this place so bad any way and they live right next door to my parents and I. I have some of the story about this in my profile if you care to read it. The attorney that was used was a friend of my sister-in-laws at that. My brother and I were the only kids that mom and dad had. Please advise me on what can happen here if anything.

Answer 1

You need an attorney to explain to you and your parents about "trusts". Real estate and possesstions should not be "left" in a will anymore. A trust will avoid expensive probate at the time of death and insure you that you will get what is yours. Get a lawyer.

Answer 2

Ok, you need to get a copy of the deed which is easy. Go to your registry of deeds and look of the deed by either the owner
or address. It will cost you maybe $15 for the copy (I live in MA)
and you can then have something to file an appeal with at the
time of your last surviving parent. Make sure though that what
happened to my father, doesn't happen to you, i.e. :

My older sister used her husband's brother, an atty, to go in the hospital while my father's sister was ill and change the will to leave 2 homes in her and my younger brother's possession. My father has disowned her whereby I informed him to leave $1 in her name as that would legally inform the probate court that she was meant to be left out of the will, i.e., no contest (kind of like Tom Cruise in Rainman where he is left the rose bushes -cracked me up). Not sure which state you live in, but a motion in the form of an injunction or protest at the time of the death of your surviving parent, whichever that would be, should be filed immediately. This is not a rocket science industry as most people think it is. I have fought many cases and won and am not an atty. There are many law libraries that are very helpful in directing you to the books you need to learn from. Some online. I have an email address should you need it, if in MA.

You should go and talk with your parent(s) with a reliable witness and ask their intentions for the property. That way when you go to contest, you will have testimony and the more the merrier I always say. Good luck.

Answer 3

My dad didn't have a will either when he passed away. He had somewhere around $50,000 scattered around in banks and possesions. He didn't own a home. Anyways, when he died without having a will I was 17 and not old enough to be in control of his estate. My uncle got that responsibility. I have one brother and after the debts are paid only him and me are heirs. I think that only your parents children will have anything to do with this. I mean, I have kids(2) and it isn't being split in 4 ways, just 2 me and my brother. I don't think your sister-in-law can legally do anything to keep you from your parents property. I would advise them to set up a will or trust though. My dad died in January 2004 and it has still not been settled and distributed by the court. Good Luck with everything!