Our mother passed away, we know where the will was kept, and my sister has already admitted that she found the will to another sibling but now denies it. And we know why because in the will she receives nothing, only me and two other siblings do. She is older that us, and it is written that she was taken care of throughout her life and was to receive 1.00. Well there is a house and settelment involved and now she will not give up the will. She had to pry open the breifcases to get access to them, and I have her on tape admitting that she has went through all the paperwork. So how do we go about getting the will. Also she is living in the house, and says she doens't have to move out until probate is settled and that we all have to pay for the house until then, It is also in forclosure. Help Please.
2007-01-17 13:19:46 · 5 answers · asked by Mary R 1 in Politics & Government ➔ Law & Ethics
I think contact with a lawyer and a lawsuit is in order. Try and find one who allows free or inexpensive initial consultation.
2007-01-17 13:25:39 · answer #1 · answered by youdrivebad 2 · 0⤊ 0⤋
First you hire a lawyer and then you discuss having her charged with theft, filing the estate as "intestate" which means no will, you immediately sell the house at auction and kick her butt in the road. Because she will have no "right" to be taken care of, if said will is never turned into probate court. This is why a will should always be properly recorded. If she broke into anything without the permission of all heirs, that is "breaking and entering" and theft. But you must hire a lawyer, and NOT one that is friendly with her. ASAP.
2007-01-17 13:30:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I would call a lawyer do you know if your mother used a lawyer or wrote it on her own if she had a lawyer they should have a copy of the will your sister would more than likely contest the will and that would take longer in probate the amount owed on the house I would speak to a lawyer about that
2007-01-17 13:28:35 · answer #3 · answered by youhoo it's me 4 · 0⤊ 0⤋
I think ya'll are going to need more than probate court. I think you need a lawyer. Good luck!
2007-01-17 13:27:03 · answer #4 · answered by TexasRose 6 · 0⤊ 0⤋
She can have the piece of paper - you don't need it.
Find the lawyer who drafted it and/or the witness who co-signed it. (the witness would be somebody who is not named as getting anything out of the estate, like a friend)
2007-01-17 13:26:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋