QUESTION
What can we do if our stepfather hid our mother's will?
Asked on Jan 04th, 2013 on Estate Planning - Michigan
More details to this question:
My mom did a will before she got married leaving us her home. Years later, she sold home and purchased new home with stepfather. She dies and we know she did new will to cover us on new home but stepfather chooses to probate old will because we do not have copy of new will. We do have him on audio tape stating we get her 1/2 of the home. We are in probate contesting this old will. Need help.
9 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You should not do this alone. What information do you have about the other will? When was it done? Do you know who might have drafted it? Was their a prenuptial agreement? Have you posted notices at the court house inquiring about the existence of the other will? Who drafted the old will? have you contacted him or her to see if they drafted the new will?
Answered on Jul 17th, 2013 at 12:35 AM
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Find the attorney who drafted the new will.
Answered on Jan 10th, 2013 at 3:16 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Here is the bottom line, you need an attorney to represent you. There is probably a way to do discovery to determine if the new will exists. What attorney did the new will.
Answered on Jan 10th, 2013 at 3:15 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Depending on how the home is owned, it may or may not be a probate asset. It is only probate assets that are controlled by a Will. If the title of the asset is such that it passes to your stepfather upon your mother's death, then it does not matter what her Will says. This really needs to be reviewed by an attorney for you to get more guidance.
Answered on Jan 10th, 2013 at 3:13 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
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You can go into court and get an order for him to produce the will to the court.
Answered on Jan 08th, 2013 at 5:17 PM
Look at the title on the deed. If your mother and stepfather held the house in joint tenancy, the house goes to him solely and automatically at her death. If they held it as tenants in common, she could leave her share to anyone she chose. Also check with any attorney your mother might have hired to draft the new will and see if he or she retained an executed copy.
Answered on Jan 08th, 2013 at 5:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Hire an attorney to help you. It is too complicated for the average person to handle their own contest. Call the State Bar of Idaho for a referral.
Answered on Jan 08th, 2013 at 5:16 PM
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You really need to hire an attorney.
Answered on Jan 08th, 2013 at 5:14 PM
You will need to find the new will and probably need the services of an attorney.
Answered on Jan 08th, 2013 at 5:14 PM