I have an aunt who passed and she had no husband no children and was pretty well off. She had always told me since I was her only niece/nephew that everything was to be left to me. When she passed her sister and brothers started going through her house before she was taken off life support and they claimed they couldnt find the will. When I began to ask questions regarding the will they stated that my uncle who is a lawyer had written the will and he may have an unsigned copy. Since this they are now going to meet with an attorney and when I aksed about the will they told me they dont need one. They have all been very shady and keeping me out of what is going on. My aunt had only 4 family members left including me and I know that she would have left me nothing. What should I do? SHould I hire an attorney? Do I have a legal leg to stand on or am i just stuck with my family getting over on me and my aunts wishes.
2007-03-09 13:52:02 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I know that she had a will but it is magically nowhere to be found. She saved everything I doubt she would have thrown out her will. Do you have to record it with the state?
2007-03-09 14:06:21 · update #1
Unless a Last will can be found you have very little recourse. The estate will go to your siblings if there is no will.
However, your Aunts and Uncles had no right to pillage your deceased Aunts belongings before she had passed. Normally what happens is that after your Aunt passed, the siblings should have petitioned the court to appoint an Executor of the Estate. The Executor's job would then be to value the estate, including all personal belongings right down to dirty underwear, and then liquidate the estate and divide up the proceeds equally among the siblings.
The primary purpose behind this is for the Gov't to ensure it gets it's tax cut of the estate.
If a will exists, it must be honored. If a will does not exist, the Court oversees the liquidation of the Estates Assets and follow on distribution to heirs. You can inquire with a lawyer as to whether or not you have any legal standing to be an heir. Without a will, likely not.
2007-03-09 14:06:15 · answer #1 · answered by Anonymous · 0⤊ 0⤋
An attorney may be able to force them to produce the will if one exists. If there is no will, your aunts assets are distributed according to the "intestate" laws in the state she lived at the time of death. The specific rules vary by state, but in most states, her sister and brothers would get everything in the situation you describe.
2007-03-09 22:00:56 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
You may need to hire an attorney that can represent you in probate matters. This has happened in my family, also. If you cannot find a signed, witnessed copy of the will, the estate will be divided amongst your aunt's siblings, as they are her closest relatives.
2007-03-09 22:04:43 · answer #3 · answered by J.R. 6 · 0⤊ 0⤋
If there is no will, you are out. The aunts' items will go to the closest relatives. You could ask if you could have something to remind you of her. But, leagaly you have no say in what happens with her belongings.
2007-03-09 22:02:18 · answer #4 · answered by ruth4526 7 · 0⤊ 0⤋