My father died and I can't find a will. What do I do?

Question

He died 2 years ago in New Mexico. I have checked with the district and probate court and no will has been filed. My step mother wrote me and told me he died broke. He was a very successful businessman and I don't believe it. In the meantime my half sister bought a new house and drives a new car. He was sick and my step mother may have gotten him to sign over all his money in 2002. I know he deeded his half of their property to her trust. She has cancer so none of this makes sense. Someone suggested I hire a private investigator. What do you think I should do?

Answer 1

get the private investigator, the step mother is hiding something.

Answer 2

I could write you a couple of chapters on what you could do or should have done - like not waiting 2 years to get into this. But........ Income tax returns are a trove of info about a person's assets, so try to find out who his accountant was. A "successful businessman" would have one. Also try to find out who his lawyer was. Ditto for this. You don't know that he had a will, really, but his assets should have been probated nontheless. Check with the local utility companies to try to find out who signed the checks for the last payments. Friends or business acquaintances should be able to help you track down his lawyer and/or accountant. If he belonged to a local civic club (Rotary, Lions, etc.) or a local professional association, members there should be able to help you. Hope this helps. Good luck. ((Pascha has a good suggestion: check with the state tax department. There is a chance that a return was filed, even if there was no tax due.))

Answer 3

Sounds as if you have been left out, by your step mum. It happens everyday . I would go to the County Records department or to the Recorders Office. They would have a copy of an existing will. What is to tragic, is: Being your Father died first, then most of his stuff would go to his wife. She could not destroy a will , that your Father had recorded. Get some expert help to search all records. You know your step mum, will not let you see the records, she has, but you need to keep searching. Sounds like she has left you out and even stolen your share. I think your assumptions are correct, but do major search in all the Counties that your Father lived in. Even go and talk to your step sister. She might help you , in some way. Greed is an awfull thing. Even search for your Fathers Lawyer. Good Luck.

Answer 4

if there is no will, there's nothing you can do.
if she has the paperwork to back up (ie signing of the deeds to her trust and stuff) then there's nothing you can do.

you can challenge her, but it'll cost you thousands of dollars, and you'd have to prove your claims.

I suggest that you hire a probrate attorney to take a look at what you already have. IF all you have is speculation, dont expect much

so what if your half-sister bought a house and car. it could be with her own money.

Answer 5

Maybe the assets were transferred via a trust. There must have been some tax consequences, anyway. Does New Mexico have inheritance taxes? I do not know if the inheritance tax info would be public, but it's worth a try.

Answer 6

In many states, (I don't know about New Mexico) if someone dies intestate (without a will) the wife gets everything.

Answer 7

She is cheating you out for her daughter.

sue her get your cut.

Any elderly deceased business man has to have at least 1.2 million in the bank.

Answer 8

save his money and all his good things!!