Ok my dad died 7 years ago. His last will he gave everything to my mother. He made that will in 1988 and they got divorced in 1994. Is my mom still the legal holder of the will? Or is my sister who is stated on the will??? does anyone know?? I need to find this out.
2007-06-13 12:16:33 · 8 answers · asked by Anonymous in Family & Relationships ➔ Family
It will depend on the State you live in. The Will must go through a process called "Probate" where a Judge listens to everyone who claims any relationship to the deceased. You should be notified of the probate hearing, and you should have a lawyer help you through it.
Additionally, the divorce decree should mention how the assets of your father would be distributed in the case of his death. Sometimes the divorced wife signs off that she gets nothing in the event of the ex-husband's death. It will depend whether the lawyer that handled that case was compitent or not. But the lawyer you hire now to represent you in the probate case will be able to determine that.
In most states, you, your sister, and the WIFE would share equal portions (1/3rd each) of the estate. With it being an ex-wife, it is more likely that you and your sister will each share half (unless other siblings show up to make a claim as well. You may have half-sisters or half-brothers you didn't even know about.) That's the reason for having the probate hearing. The judge will take into account when the will was written, when the various acts (like having children or getting divorced) occured to try to determine the will of the deceased.
The probate judge can throw out the will completely! (At that point, you and your siblings would share equally in your father's assets.) The Judge would hear, however, your mother's case too, and take that into account.
Every state is slightly different. Each judge's opinion may be different. But the general rule is that an ex- that has remarried isn't entitled to anything. An ex- that has never otherwise been re-married is most often given either half of the estate (the remainder being spread among other heirs) or an equal share to other claimants. (It sounds like that would give you, your sister, and your mom each 1/3rd.)
First rule: Get a lawyer.
Second rule: Be sure to get the will "probated" before a judge. If it has been seven years, you better take action to get that done immediately. (Some States have a statute of limitations--and they generally require probating the will within the first seven years!)
Good luck.
2007-06-13 12:29:58 · answer #1 · answered by Lorenzo 6 · 0⤊ 0⤋
What do you mean "legal holder"?
He made the will and left everything to your mom..it sounds like your mom got everything. Besides this is 7 years ago and there is a statute of limitations on civil. And this will should have been probated by now.
You need to speak to a lawyer.
2007-06-13 12:25:18 · answer #2 · answered by revb 1 · 0⤊ 0⤋
Divorce is not a factor.
The date of the will and its legality do.
Was it witnessed,was he of 'sound mind'.
It no LATER will changes the conditions of this one it must stand.
People are legal holders of what is termed in the will.
A lawyer could hold the will our the major beneficiary (the one who got most worth) but other family memebers should have access to copies.
If this is the only legal current will and it names Mother as the
receiver of his goods, then she is legally entitled to them.
2007-06-13 12:25:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If he didn't change the will after the divorce, the will still holds. Your mom doesn't "hold" the will - she might be named as trustee of estate (meaning she's responsible for carrying out his wishes) or she might be named as the primary beneficiary (meaning most of his assets are given to her). If you sister is also named in the will, then she is entitled to whatever property or assets he assigned to her in the will.
Word of advice - if you want to get people to read and answer your questions, it helps to put the topic in the heading, not just a plea for help.
2007-06-13 12:22:49 · answer #4 · answered by teresathegreat 7 · 1⤊ 0⤋
Vampires have awareness. Zombies do not. Vampires may have robust skills. Zombies are regularly extra confined. Vampires don' have rotting dermis, regularly. Zombies do. Also, blood is extra attractive to me as a meals supply than brains. I've had each (my possess blood from protecting again nosebleeds and goat brains) so I believe from that I understand that I opt for the blood.
2016-09-05 15:45:58 · answer #5 · answered by devalcourt 4 · 0⤊ 0⤋
If the will says your mother, it should go to your mother. You say your sister is stated on the will, but I'm not sure what that means. If it says she gets something she will.
2007-06-13 12:26:45 · answer #6 · answered by Wendy B 5 · 0⤊ 0⤋
if he didnt change the will, mom STILL gets it...
2007-06-13 12:21:21 · answer #7 · answered by bronzebabekentucky 7 · 0⤊ 0⤋
i thinkur sisster would have the will i am not sure
2007-06-13 12:31:41 · answer #8 · answered by samantha c 1 · 0⤊ 0⤋