Posted: 1/14/2010 5:27:06 PM EDT
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Let's say my father died (which he did) and his wife is a total bitch (which she is) and she, for whatever reason, cuts off all contact with his side of the family (which she has).
Let's say he had a will, which I assume he did... what's stopping his wife from just shredding it as soon as his heart stopped beating. Same with life insurance. If he had a policy that was set up for me and my sister, but she is the executor, can she just not send the insurance company whatever information they need to cut a check? A copy of a will isn't required to be filed with a town or county clerk. ETA: Also, if he had guns that he intended for me to have, what would I have to do to get them. I doubt she has enough sense to sell them. But I do think she's stupid enough to GIVE them to someone like a neighbor, out of spite. If she did this I'm sure I could sick the cops on her since I'm pretty sure there are laws against that... |
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Often, lawyers have a copy of the wills they prepared in their vaults. Mine was prepared at Ft Meade JAG. Who's going to call them to tell them if I died. If they had a lawyer do it, I suspect it's the same scumbag that she hired to get my father out of having to more child support. If I were a betting man I'd say he would follow her instructions on this one. Any idea what steps I could take to find out if he had a will? |
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But if he dies doesn't his estate get transfered to his wife? That's how I understood what happened when one spouse died. Then it's the will of the last surviving spouse. Even if his will specifically says what he wants his children to have regardless of whether she is alive or not? Or does it have to specifically state this in the will. What about life insurance. That has specific benficiaries. |
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If your dad died without a will the probate laws of the state would dictate where his property went. If he did have a will the document would dictate his wishes...as long as they conform with the law.
If you think he had a will then hire an attorney, you cannot do what you need to do without one. As far as the life insurance goes, most of the time all you need is a death certificate. The contracts will dictate where the money will be sent upon death, nobody can change that after he dies unless they prove some type of fraud or duress when he indicated who the beneficiary/s are. |
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Mine was prepared at Ft Meade JAG. Who's going to call them to tell them if I died. I don't have any idea who you call to find out if theres a will. As far as your own situation, I'd develop a relationship with a local lawyer while you are alive and ask them to act on your behalf if you pass. Give them copies of any relevant legal documents you feel are important. I'd also let family members know who your lawyer is so s/he can be contacted. |
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When my Father died, there was a copy of his will in his wife's possession, and a copy (original?) at the office of the lawyer who made out the will.
The lawyer has a copy. I doubt the lawyer would jeopardize his/her practice to aid your Father's wife in committing fraud. Dad had several life insurance policies. One for his second wife, which she collected by providing the company with a death certificate and proof that she was the recipient. The other policies went to the estate and as the executor, I filed for, received, and disbursed the funds as his will dictated. Same thing with stocks and bonds. His estate was small, he had a will, and there were no odd circumstances in his death, so the estate did not go through probate. There were a few items that were not spelled out in the will. She kept those items, although they had more sentimental value to us kids than they did for her. That created a few hard feelings, but it is water under the bridge now, especially since we are no longer in contact. |
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Somebody correct me if I'm wrong but isn't the estate held in probate for a period before the will is executed. Correct. Here in Nazi Jerky the will must be taken to the Surrogate Court in the county of the decedents residence and filed in order for the Letters Testamentary to be issued. These give the executor the authority to conduct the business of the estate. All persons mentioned in the will or any surviving children must be notified by certified mail. This is more or less the gist of it as I recall from probating my mother's will. OP, contact the appropriate office and find out how to get a copy of the will or find out if it was even filed. If it was not filed or someone is playing it fast and loose, the word "felony" comes to mind. |