My father died on Xmas Day and my step mother will not tell me who the executors are for the will.?

Question

I know he made a will because he told me a few years ago that I would be a beneficiary. My step mother would not tell us where the funeral was to be held either but we managed to trace it and attend only to be ignored by her and her sister. I really dont know what to do now as I fear time is running out to contest the will (he was not of sound mind in his last few years having suffered various strokes) and although the money would be nice I would like some momentos such as photos of us when we were small etc that mean nothing to her because she was not around. I keep hitting a brick wall as I have checked with the probate office and they have no record of it there then I find out it doesnt necessarily have to go to probate so how do I find it-PLEASE HELP!

Answer 1

Okay, Hamlet, here's what you do:
Go to the lawyer you THINK your dad would have used to draw up the will.
If that doesn't work, go to the courthouse in the county where your dad lived when he told you he drew up the will, and see if anyone has submitted it to probate.
If that doesn't work, go to the courthouse in the county where your dad died, and see if anyone has submitted it to probate.
If that doesn't work, get a lawyer and file an action in your county, contesting the will (sight unseen) and naming your step-mother as a party (since she will not produce the will, in which you think you are named as a beneficiary).

Answer 2

First, get a lawyer. If you don't have the $, call your local Bar Association and they may be able to refer you to someone who can help for a reduced fee. Second, if there is no record of the will in the probate office, the will probably hasn't been filed yet. Check back with that office regularly. The lawyer ought to be able to give you a time-line on when documentation should be filed with the court system in your area. You should also consider that your dad may have signed a codicil to the will altering the beneficiaries or even signed a new will. At the very least, a letter from the lawyer requesting personal effects may have some impact. Good luck.

Answer 3

One important thing you've left out of the narrative is whether your father made the will before marrying your stepmother or after. It is vital to know this, as marriage automatically invalidates any previous will. It is quite possible, therefore, that he made a will in which you were a beneficiary and that this will is no longer valid, in which case he either made a new one to take account of his remarriage, or he died intestate, i.e. as one not leaving a will. Your stepmother was his next of kin, but if she has not taken out letters of administration (and there are various possible reasons why she is content just to coast along without doing so) you would be entitled to do so. However, since there is such bad feeling between you and you would not have access to your father's things, you should instruct a solicitor in the matter. This will be expensive, but it may be the only way forward. Perhaps you could initially take advice at a Law Centre, if there is one near you.

Answer 4

I would definately seek legal advice regarding this. My job involves occasionally coming across executor / enduring power of attorney documents (maybe 3 or 4 a week). It really doesnt take that much to change executors of a will when the named estate holder is not of sound mind. Essentially all they would need is a named executor/poa on the relevant form, address details, signatures (client, proposed executor and also witnesses) and original documents supporting the will holder's condition or death (or certified copies). All of this can be done without your knowledge, and once control of the financial affairs of the infirm or deceased has changed, it is likely that unscrupulous types will change the beneficiaries too.

Be very very careful though because any threats or the like can and will be seen to your detriment. Let your solicitor handle this and they should see that all legal holes are covered with regards to tracing this will.

Answer 5

If it's not filed at the probate office, there is no executor officially appointed. In order for an executor to act it HAS to go to probate. Until the will is filed the only people who KNOW who the executor is are your late father, and whoever has the will and has read it; and anyone they chose to share the info with.

If you are serious about this, invest a few dollars and talk to an estate atty in your county

Answer 6

This is sort of a hard one to answer. I think a will is public record once it is probated.. It can't be probated until the death certificate is sent and that takes about a month to 6 weeks to receive. Go to your court house and talk to someone in the probate office and they should be able to help you. You step mother can't keep anything from you if the will states that you are entitled to certain things. I have a stepdaughter and if anything happened to her dad, I would want her to have what belonged to their family. It is hard for me to understand why somebody will withhold what really dos not belong to them. Since my sister passed away recently and she and her husband were living in my mothers house but have the title in their name with mother having a life time estate. Everytime I go over there to stay with my mother, I get pictures of myself and mother let me have one of her Bibles and there were several things I have gotten like things I have given to my mother. I am doing this because she is 87 yrs old and is giving up. I feel we need to go ahead and do this because we might not get to once mother is gone. I brought home pictures, some I will keep the originals and some I'm making copies and will take back the originals and somebody else can sort it out and believe me there is much to go through - I won't bother my sister's things as I think her children should do that but things that belonged to my mother that I feel I am entitled, I am getting. My other sister doesn't agree with me because mother is still with us but she has her house that daddy built for her and since I am executor of mother's will and I was of daddy's will also. He had built her a house and it's paid for so she has her inheritance but there are a few things in mother's house that we need to go ahead and just take care of it. But go to the probate office and they should be able to help you. Hope all goes well.

Answer 7

iff your fathers estate was less than £5000 it doesnt go to probate .Did he make a will when he was of sound mind ?did the will you are referring to made before he married your step mother?If so it was made void by the marriage so you need to see a lawyer(or try citizens advice 1st).Could you not write to the lady and explain you would like some personal momentos?It is all very sad,I feel for you.

Answer 8

You don't need the will to force the estate into probate. Call your local County Clerk for advise. You may need an attorney, but it may be worth it. The Probate Judge can force the will from your step-mother and a full accounting of everything he had. Good Luck.

Answer 9

You see the ugliest in people whenever a will is involved - I saw it with my mom's side of the family and a few friends' sides also. Does your dad have a lawyer you can contact? Or perhaps get your own to start up the work for you.

Answer 10

ask a lawyer for some leagal advice.
You could try scaring her by threatening to take her to court, but it might not work.

My grandfather died before I was even born. He married 7 different women in the course of his life, and in his will he left all his old military memrobilia to my grandmother and my dad, but through the other variouse children stepchildren and wives, we have maybe five pictures of him, and that's just becasue my grandmother was in them and none of the wives wanted them.

We have nothing else of my granfather's.

It is really sad, and I wouldn't like to see someone else go through it,

Try asking for leagal advice. But don't give up.