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my father has died recently and apparently according to my younger brother who is the executor has left nothing in his will for myself my wife and our 5 children the eldest my eldest son carries his name i dont understand can anyone help please.

2007-01-27 13:26:16 · 19 answers · asked by Anonymous in Family & Relationships Family

19 answers

As someone who has acted as an executor (They are caller Personal Representatives in my state), I know that the will has to be filed in the Probate court of the county in which your father resided. Request it from the court. If your brother followed proper protocol, all intersted parties (blood relatives and anyone meantioned in the will) should have been sent a copy. He is obligated to distribute the items in the will per the will's instructions. However, if there is something in the estate that was not specified in the will, he can distribute it as he sees fit. For instance, my father made no meantion of his furniture in his will and due to its low quality, I ended up donating it to the Salvation Army (though I did make sure to obtain permission for the interested parties). If you have doubts as to what your brother is telling you, obtain a copy of the will, and if need be, an attorney.

Death, and the inheiritance that goes along with it tends to bring out the worst in people. When my father died, a lot of people that had mooched off him for years came around asking for money. Truth is, my father specifically had it written in his will that neither my brother, nor ! should receive anything. The problem with that is the person he left it to (and named as Personal Representative) thought that what my father had done was just plain wrong. She had asked if I would act as Personal Representative because she knew that people would try to take advantage of her and she knew that I would be honest and forthcoming in the administration of the estate. It is possible that your brother is telling the truth, but as another poster has stated, if it is true, you can contest the will. In my situation, my brother and I could have easily contest my father's will (and would have very likely won) due to his state of mind when he changed his will (less than a month before he died).

The real question is, how much time and effort do you really want to put into contesting this?

2007-01-27 13:48:22 · answer #1 · answered by Scottee25 4 · 0 0

I'm sorry to hear of your loss.
I should have a look at the will just to satisfy yourself. Sometimes later wills are made which nullify all previous wills. Perhaps you can look through your late fathers things to see. Usually though this is only done by The Executors who are the legally appointed people to carry out the terms of the will. If you get on with your brother perhaps he will just split the estate in half with you!

2007-01-27 13:34:56 · answer #2 · answered by Birdman 7 · 1 0

all and sundry could have babies, make a sprint one mutually besides the shown fact that it is the guy who seems after the toddler in existence and is there mentally, spiritually, bodily,financially as that youngster grows. What makes a father is somebody who listens to you for hours :)) Who needs you to extra appropriate your existence the best thank you to learn on your individual with the aid of fact no person else can try this for you. To in no way provide up while your feeling low. To spend high quality time in a park in a play floor at a movie :)) To carry domicile bagels and donuts previous due at night while working a nightshift a rational clever and logical loving guy :)) Godbless all of the great fathers that make a distinction of their teenagers lives :)) Enki Binki i'm effective your Dad is specific such as you Enki Binki :)))))))))))

2016-11-01 11:13:57 · answer #3 · answered by santolucito 4 · 0 0

I know how you feel,and I still haven't got the answer after thirty years. I was an only child I had two young children when my mum died,and was going through a really bad divorce whilst looking after her daily and caring for my l9 month old son. She had a trust fund set up and neither me or my children got a halfpenny.It really hurt me, I've never been able to forgive her for it.Not that I personally wanted the money,but even if she had left my children £50 each to open up a BS account I would have been happy.It's made me feel as if she never really loved me or my children.She left it to her best friend. Silly, I thought that was me.

2007-01-27 14:03:58 · answer #4 · answered by animalwatch 3 · 0 0

See a lawyer as law differs from country to country. If you are worried about the expense in most countries there are agencies with lawyers consulting say one evening a week on a vol basis. This would at least advise you of your position in this matter. Where I live you would definitely as son have a claim on his estate.

2007-01-27 22:44:09 · answer #5 · answered by Ms Mat Urity 6 · 0 0

I would consult my own lawyer and contest the will. This type of thing happend to my family with my grandmother. Unfortunately in our case, my uncle had "talked" grandma into signing some papers. SHe had no idea that he was dooping us out of our share. I actually had to attend a rummage sale on the grounds to purchase items from her home. It really hurt me and my family but i just keep her memories close to my heart and have planned on giving my children their things before I pass and they are all part of the execution of it. Seek a lawyer for yourself and find out what you can do.

2007-01-27 13:35:19 · answer #6 · answered by ? 3 · 0 0

If you are unsure of what your brother says you can obtain a copy of your dad's will form somerset house in London, you just have to give details and pay a small fee and they will send you the copy.

2007-01-30 11:24:59 · answer #7 · answered by bevalou 3 · 0 0

I would say are the memories of your father not worth more than material things or money - i havent lost a parent but i have lost a grandmother who i was so close to she was like a mother and the photos and memories i have of her are worth more to me than anything

2007-01-27 23:26:53 · answer #8 · answered by heckuvapeach 2 · 0 0

ask the atty for a copy...is there going to be a public reading with the family? what will your brother gain from keeping everything?
contact your atty (after you find out for sure) if your brother "gets" everything, contest it! you have a right to know. if your father was in debt to his eye balls, then let your brother liquidate everything, and pay the debts off....

2007-01-27 13:33:54 · answer #9 · answered by Sassy Belle 3 · 0 0

You can try and contest the will but I doubt you'd get very far. It was your father's choice not to leave anything to you whether you understand it or not.

2007-01-27 13:31:18 · answer #10 · answered by Anonymous · 0 0

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