i have sent for a copy of the said will but so far i havent got any money off it.my mate has died and his family have excluded me from the will which my mate said i am deffo in it and i will get ripped off if i dont look at the will.the will is due so what do i do when it arrives
2007-08-22 08:13:42 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
she was a friend and the will is from probate place so its legal and has already gone thru probate
2007-08-22 08:41:50 · update #1
solicitor wasnt used....her daughter did the will herself...handing out whatever was in it....some of you answered really good answers i wanted to email you but you dont allow emails its so frustrating
2007-08-22 08:44:18 · update #2
You say "mate". Were you together long enough to be commonlaw? If so, most places have legislation that you are entitled to a portion of the estate regardless of what he put in his will.
Get a lawyer and file a Caveat in probate court to stop this asap and the negotiations can begin. You must move fast before the money is gone or probate is issued.
In reading your edits: Wait until you get a copy of the will. If you are named in it you can apply to the courts for an accouting to be performed by the executor of the estate. If you are entitled money that she has otherwise spent or just not given you as a result of the accounting you can file a claim in civil court.
How long ago did the friend die and the probate issue. There are all sorts of tax clearance certificates to be obtained and notices to creditors and the like so it can take up to or over a year to get any money, but it shouldn't take that long to be advised that you are in the will.
Also, if the will was prepared by her sister, and possibly witnessed by other beneficiaries it may not even be a legally binding will.
2007-08-22 08:20:28 · answer #1 · answered by elysialaw 6 · 0⤊ 1⤋
The problem is you have to be able to prove that you were named as a beneficiary in the will. Just because your friend said you were in it doesn't mean you really were. If you can prove that you were named as a beneficiary in the will, then the executor/executrix of the estate is obligated to give you whatever property or money or (fill in the blank) you are entitled to as provided for in the will.
Can't speak for any other country, but here in the U.S. the executor/executrix of the estate has to file the will with the Probate Court, and anyone who has a claim against the estate or against the will has a certain amount of time to notify the Probate Court in writing of their claim. The will is usually probated in the state and county where the person passed away, so you may want to contact the clerk at the nearest district court and find out if a copy of the will has been filed with the court. They should be able to point you in the right direction.
2007-08-22 08:21:56 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Do you know who the executor or executrix is? If so contact them they are responsible for making sure it is abided by.
Wills can be contested but if that is the case you need a lawyer, also make sure you have the latest version of the will. If another one has been drawn up after the one you have it is the one that will be executed.
If by the term mate you mean your spouse you automatically get a percentage but if your meaning your friend then no the last will stands unless contested.
2007-08-22 08:19:27 · answer #3 · answered by unknown friend 7 · 0⤊ 0⤋
Wait for it to arrive. If it is a legal will, no one can cut you out of what you were left in it. The only thing that may postpone it for a while is if it is contested. This is the reason wills are written. To stipulate how a deceased persons belongings are distributed.
2007-08-22 08:19:43 · answer #4 · answered by sensible_man 7 · 0⤊ 0⤋
It's obvious you need to engage a solicitor to help you with this case. If the family wants to go against his will, they should at least have to go through the costs of a court case.
2007-08-22 08:17:15 · answer #5 · answered by mommanuke 7 · 1⤊ 0⤋
having a copy won't really help you. You need a good probate attorney now. Don't wait, hire the lawyer and let he or she handle this.
They don't buy us books and send us to law school for nothing.
2007-08-22 08:17:58 · answer #6 · answered by hensleyclaw 5 · 0⤊ 1⤋
get a lawyer it's the best thing you can do. If you are in the will there is nothing that the family can do. Remember what is yours is yours and no one can take it away from you unless you let them. Fight them hand and foot my dear. I am sorry to hear of your loss.
2007-08-22 08:17:45 · answer #7 · answered by JillardG 5 · 1⤊ 0⤋
Get a lawyer. Depending upon your circumstances, you may be able to get one for free.
2007-08-22 08:18:49 · answer #8 · answered by Nothingusefullearnedinschool 7 · 0⤊ 0⤋
Depends on how much you have coming, get a lawyer and sue.
2007-08-22 08:16:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If you are in the will the solicitor would have to contacted you
2007-08-22 08:24:21 · answer #10 · answered by bill 5 · 0⤊ 0⤋