My companion just passed away suddenly. She had just purchased her parents home (Mom died Jan) from her other sibblings. One of the sibblings was very nasty and greedy during the whole process and they have not spoken since. My companion had filled out the will package she recieved from her attorney but did not return it as yet. I'm sure it is in saftey deposit box, but one family member is keeping me at bay on this. Even though I was the only other person to have keys to the house I was forced to turn them over ( 4 hours after she passed) by this sibbling and have not been allowed in the house since. (I have personal belongings in there) The sibbling is going through all the belongings and discarding or putting up for sale everything that is there, computer, TV, dishes etc...
What advise does anyone have???Should I hire a probate attorney??? I and 1 other relative (that is loved very much) are on all the accounts and insurance policies.
2007-09-28 08:16:43 · 6 answers · asked by Linda L 2 in Business & Finance ➔ Renting & Real Estate
First of all, I'm very sorry for your loss... with all of the things that u have stated, i would definitely seek the advise of a qualified probate estate attorney a.s.a.p.! - especially if you were on all of the accounts & insurance policies...Even if you were not married, if you were already are on any of the accounts (before she passed), you most likely have legal rights to them, which will depend on how the accounts were titled, (ie; joint tenant? beneficiary? etc...). However, if you weren't then it may be questionable.
If probate has not been filled yet, you (or perhaps the other "loved relative"?) might be able to file for it, and ask the court for permission to be the personal representative (executor) of your companion's estate. If granted, you would then be the person in charge of handling all of the affairs for the estate (ie; paying debts, etc.)...however, this can be a daunting task, an would be better advised through a probate estate attorney, as to the best way this should all be handled.
If your companion has made out her will and it has been signed (and preferably notarized) by her, then it has a good chance of being legally binding, since (as far as i know), there is no requirement for a person to return the "signed" will back to the attorney, in order for it to be official.
If you know where your companion's safety deposit box is located, I suggest that you immediately notify the bank as to your companions death, and inform them of the situation, & that you believe that her will is in her safety box, and that you want to ensure that it does not get removed (&/or destroyed), before it can be seen by the courts.
Hopefully the other "greedy sibling" has not been able to get into your companion's safety deposit box yet! (Don't feel secure that just because that "greedy sibling's" name may not be listed on the safety deposit box, that they won't be able to gain access to it...because it IS POSSIBLE! even without a court order!...Bank employee's make honest mistakes all the time, and more often than not, sometimes there's not much you can do about it, after its too late). So, don't procrastinate. Call the bank, and contact an attorney who specializes in probate estates immediately. - Good luck.
2007-09-30 12:09:45 · answer #1 · answered by califoriental 3 · 0⤊ 0⤋
You need an attorney. If you were not married to this person and there is no will, you have no right of inheritance. At best, you will be able to recover your personal property.
Don't waste your time with the cops, this is a purely civil matter. Notify the bank of their death and the IRS will seal the safety deposit box until an agent can be present to inspect the contents. At least that will keep any one else's grubbies out of it for now until your attorney can intervene and protect what little rights you may have.
2007-09-28 15:22:02 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 1⤋
You need an attorney NOW ,
And all the time you spend here is time you are loosing ground .
As she has passed , there is already a probate lawyer processing that .
You need one to represent YOU .
&
What court ordered your eviction when you were a tenant of the home ?
Get real legal help , NOT Q&A unless you don't really care about any of the stuff .
>
2007-09-28 15:22:39 · answer #3 · answered by kate 7 · 0⤊ 0⤋
you should not have handed over the keys, I would call
the police and tell them that a friend passed away and
your belongings are in her house and you gave the keys
to so and so who will not let you go in house to get your
belongings will they escort you (also back you up if
they say you did damages). Just make sure you have
a big enough truck and helpers to get it all out of there
in ONE DAY !!!!!! I would consult with a lawyer only because
she knew you lived there and should be letting you get your
belongings with no questions asked.
2007-09-28 15:24:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yeah get a will.....get the cops for the deposit box.......and Get an Attorney and video tape the whole session while the ''greedy'' one is around....Dont let him sell a thing...the attorney can get a court order to make him stop selling the stuff..the greedy one is trying to pull a quick one before you do anything....you better hurry that is YOUR stuff he is selling.
2007-09-28 15:20:36 · answer #5 · answered by Sandy B 5 · 2⤊ 0⤋
For sure legal counsel is recommended. Most states do not allow for what is going on regarding the disposition of your personal property. I do a lot of probate issues in our firm.
Probate Laws – All States
http://estate.findlaw.com/estate-planning/probate-court-laws/estate-planning-law-state-probate.html
2007-09-28 15:22:26 · answer #6 · answered by newmexicorealestateforms 6 · 1⤊ 2⤋