QUESTION
Can I represent my deceased mother? How?
Asked on Jan 07th, 2014 on Estate Planning - Florida
More details to this question:
My grandmother has passed away and has a Will that the four of her remaining children have shared upon each other. She had a total of 6 children but 2 have passed away. My mother is one of those two that has passed. I found out that my mother’s name is mentioned in that Will but have not been told anything about it by her remaining children. I do not know what the Will says exactly but if my mother is not present do one of her children have a right to represent her? Do we have a right to read the Will?
16 ANSWERS
If your mother was entitled to a share of your grandmothers estate, and your mother is deceased then you and your siblings would be entitled to divide that share. You could request a copy of that will or if an estate has been filed you could get a copy from the court where filed. However the will might say that your mother has to survive for her to be entitled to a share.
Answered on Jan 14th, 2014 at 6:17 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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A will does not have any authority until it is approved by the court through some form of probate. Generally, gifts in Texas wills do split among the beneficiary's children if the the beneficiary predeceases the testator (writer of the will), but it is also possible to write the will in such a way that gifts to beneficiaries who predecease lapse and the children of that beneficiary get nothing. If you feel there is a good chance there is significant property being kept from you, hire a lawyer. That lawyer can file with the probate court requesting the court require your family to produce the will.
Answered on Jan 09th, 2014 at 2:12 PM
Edwin K. Niles
If you are a beneficiary, you have a right to a copy of the will. Can't answer the other question without more info.
Answered on Jan 09th, 2014 at 2:11 PM
You are an heir of the deceased grandmother. You have a right to a share of the property if there is no Will. Yes, you have a right to read the Will.
Answered on Jan 09th, 2014 at 2:11 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally assets passing through a will must be go through probate. as a heir at law you are required to get notice, including a copy of the will,
Answered on Jan 09th, 2014 at 2:11 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The Will doesn't do anything until it is presented to the court for probate. At that point, everybody can read it; the petition for probate will contain specific allegations concerning who the heirs and devises are.
Answered on Jan 09th, 2014 at 2:10 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You have a right to see and read the will and the right to notice of any probate proceeding.
Answered on Jan 09th, 2014 at 2:10 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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As one of your mother's children, you are entitled to her share of the estate. Make a demand to see the will; also you may want to seek the assistance of a probate lawyer to file a petition into probate, to protect your interest.
Answered on Jan 09th, 2014 at 2:10 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, you have a right to read the Will. As far as "representing your mother," it is unlikely that that is necessary. You would be representing your own interests in the estate, if any. Keep in mind that the Will only applies to "probate assets." These are assets that are titled in your grandmother's name alone, with no joint owners or beneficiaries. If there are no such assets, then the Will is irrelevant.
Answered on Jan 09th, 2014 at 12:35 PM
The language used in the will determines whether you and your siblings can inherit your mother's share of the estate. Once the will is filed with the probate court, you can ask to see it at the clerk's office.
Answered on Jan 09th, 2014 at 12:32 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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State statute requires that a will be filed with the clerk of the court in the county where the decedent resided. Failure to file is a felony. Once filed the will would then be public information for all to view. As an interested person you can open an estate thereby forcing the production of the will. If a probate estate is opened, the heirship of the decedent must be proved. As a child of a deceased daughter of the decedent you would be an heir but that does not mean you would receive any legacy under the will. The terms of the will determines the legatees in a probate estate. If the legacy to your mother depended on her being alive at the death of your grandmother then your mother's descendants would not take her share. If, however, the legacy to your mother was per stripes, where the share of a deceased child is divided among the descendants of the deceased child then you would be a legatee.
Answered on Jan 09th, 2014 at 12:24 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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As an heir at law of your mother you should consider filing a claim against the estate of your grandmother, if an estate was opened for her. If no estate was opened and more than a year has passed since her death, no estate can be opened but you could retain counsel an institute an action to determine heirship. In either of these situations you need to hire an attorney.
Answered on Jan 09th, 2014 at 12:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Somebody should file the will to start a probate action and you can read it then. Your grandmother may have said that if a child predeceases her, then the that share goes to the remaining children. Or she may have said that the deceased child's share goes to that child's children. If no probate case has been started, you might want to consider starting one to force the remaining children to file the will.
Answered on Jan 09th, 2014 at 12:22 PM
2 Awards
You likely have rights but the will needs to be reviewed by an attorney. An attorney can help you get a copy. See one ASAP because if things get distributed it will make it much harder. Most attorney's give free consultations so there is no downside to seeing one now.
Answered on Jan 09th, 2014 at 12:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney, whether or not you would inherit is going to be determined by the mentioned will. Generally you will him right see it or it will be a matter of public record.
Answered on Jan 09th, 2014 at 12:13 PM
You can petition the court to be the personal representative for your mother's estate. However, if she has a will, then the named personal representative should file the petition, unless they do not want to do the work. In addition, there is a preference for PR, such as surviving spouse, who also has a right to petition to be the PR. Further, under Florida statute if there is more than one beneficiary to an estate, the personal representative will be required to hire an attorney. You should consult your attorney before filing in order to know the full requirements and duties.
Answered on Jan 09th, 2014 at 12:09 PM