QUESTION
How do I find out the truth if she said she had a will and CDs but the family was told differently?
Asked on Sep 14th, 2013 on Estate Planning - Michigan
12 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If no one opens an estate in probate court, you will have to do it.
Answered on Nov 07th, 2013 at 9:40 AM
William M Stoddard
She may have had a will, but the question is did she enter into a community property agreement with her husband. If so, she died penniless one second before she died. All property became his. Do you know if they owned any property together (real estate)? You can go to the auditor's office an see if the community property agreement has been filed as part of the title to the land. Or if it was filed earlier when first made. If you find there was such an agreement, then that is your answer. What is a community property agreement, well it is something she should have never entered if she wanted her property or something of hers to go to her family instead of her husband.
Answered on Sep 20th, 2013 at 3:36 AM
Edwin K. Niles
The will (if there was one) only acts on property in her name alone. It's possible that she had a named beneficiary on any CD's, in which event the beneficiary gets the CD's. By law, anyone in possession of a decedent's will must lodge it with the court, even if no probate proceeding is contemplated.
Answered on Sep 19th, 2013 at 2:51 PM
2 Awards
There is not enough information to answer your question. If you believe you are entitled to something from your mother's estate, have an attorney contact her husband and demand a copy of the will and other documents. Don't think you can do this without an attorney if he is not being cooperative. Attorney involvement in these situations work most of the time.
Answered on Sep 19th, 2013 at 12:23 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Contact the court to see if the will was filed or a probate has been filed. Contact the family member who was in charge of the final matters with your mother.
Answered on Sep 19th, 2013 at 3:52 AM
You can hire counsel to assist you. Consider filing a Demand for Notice in the probate proceeding.
Answered on Sep 18th, 2013 at 6:02 PM
Your mother's husband should know if she had a will or not. He can also check with her attorney, if she worked with one regularly. Otherwise you'll need to check for the will around the house or a bank lockbox, if she had one.
Answered on Sep 18th, 2013 at 3:54 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Do you have any idea where she might have kept the will? Is there a husband, other children involved? There are lots of questions here. Contact the Oregon State Bar and get a referral for an estate attorney; you will get some names for a low-cost consultation, and you can work out what to do.
Answered on Sep 18th, 2013 at 3:52 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The first question is not whether or not there was a Will. The first question is how are the assets titled? If the assets were all joint with the husband, then whether she had a Will or not is largely irrelevant. Nothing would pass under the Will except perhaps household furnishings and personal items. If the assets were titled in your mom's name alone, then a Will could be important, although the husband would have the right to "elect to take against the Will," if it does not provide for him to receive the assets. Depending on the facts and the family dynamics, it might be beneficial to have an attorney review the situation with you.
Answered on Sep 18th, 2013 at 3:48 PM
Thomas Edward Gates
Since she was married, in Washington, the communal property would go to the husband if there was no will. CDs transfer by beneficiaries designations. You can put an ad in the State Bar magazine to see if an attorney comes forth with a will if you cannot find one.
Answered on Sep 18th, 2013 at 2:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage an attorney to look into the matter, an opinion is impossible without the details.
Answered on Sep 18th, 2013 at 2:54 PM