Can this be true? He made up a will in 2000. He amended it in 2003 where as the Kidney foundation got 70% and the kids to split the rest. She (his wife, not my mother) says that he signed everthing over to her before he died and now there is nothing to probate. He had 2 houses, land, and a 3 bay shop full of costly machinery. I had to send off to the clerk of courts myself to get a copy of the will. There was quite a bit of money back in 2003. Even if, as she says, there is nothing to probate, wouldn`t it have to go before a court to sign off on it? Thank you for your time and help.
2007-10-04 10:49:39 · 9 answers · asked by rockpendragoon 2 in Politics & Government ➔ Law & Ethics
This sounds very fishy to me...I can't imagine a situation where it is not mandatory for all wills to be probated.
You can't just take the money and run... With an insurance policy maybe...but not a will...it is a legal document and has to go through the loops set up by the legal system...
Get a lawyer and get one fast....before she goes through any monies he may have left you.
2007-10-04 10:59:18 · answer #1 · answered by Lilliput1212 4 · 0⤊ 0⤋
Since you have the will, take it to a probate attorney. At the very least, have the attorney do a property search and write a demand letter for proof that the items your stepmother claims were signed over to her were actually gifted.
2007-10-04 11:20:01 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
You said you had a copy of the will. What does it say? Did he leave everything to her? If so, you don't have any say unless you can prove there is something illegal about the way it was written. In what way did he "sign everything over to her"? That is the paper you need to see and you may need to get an attorney to force it to be shown. There are procedures to override a written will and she may be BSing you. Don't hesitate. Good luck.
2007-10-04 11:01:20 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
If you were married at the time of the child's birth and your name is on the birth certificate then you are legally responsible for that child. Also if the child has always been with you in the home they are not going to give this other man any rights even if he is the sperm doner given his past history and the fact that he has 3 other children that he dosen't care for. Also this guy may just be trying to tarnish the memory of your late wife. I say ignore him and act like he never existed.
2016-05-21 01:02:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sounds like the wife got greedy. You may need to talk to a probate attorney.
2007-10-04 10:56:01 · answer #5 · answered by regerugged 7 · 0⤊ 0⤋
Sounds like shes b.s.ing you to get you to NOT check things out for yourself.
If there is any marital property, which likely there is, it has to go thru probate to be divided up unless it's in a living trust. Exceptions are few.
You'd better move fast before she gets to spending and selling!!!!
good luck.
2007-10-04 10:59:26 · answer #6 · answered by Shell Answer Man 5 · 0⤊ 0⤋
You could gear up to attack the transfers as the result of undue influence, and to grill your "Stepmom" over the location of other assets. Get the Kidney Foundation involved too, as they have a bigger stake in this ripoff.
2007-10-04 13:00:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You need to ask if you can see it. Was there an attorney involved, call that person. Also whoever was left as the beneficiary is the one in charge of the will. You need to call a lawyer and ask this, they can help you.
2007-10-04 10:54:26 · answer #8 · answered by Maalru3 6 · 0⤊ 0⤋
You need to see a lawyer, not deal with guesses based on limited information.
2007-10-04 10:57:52 · answer #9 · answered by davidmi711 7 · 0⤊ 0⤋