QUESTION
How can my husband find out if his mother's property were all signed over to his sister?
Asked on Dec 07th, 2013 on Estate Planning - Nebraska
More details to this question:
My husband wants to know if he should retain a lawyer for this matter. Mother died in 2011. He was always told she had a will and things went to his sister and him. Well property was just sold now and his sister tells him the mother signed everything over to her. He needs to know if things were changed after mother was diagnosed and started chemo and radiation.
14 ANSWERS
He needs to hire a good lawyer who specializes in wills and estates. The lawyer will write a letter to the sister demanding an accounting and will research the court records to see whether or not an estate was set up and probated.
Answered on Dec 12th, 2013 at 9:09 PM
Edwin K. Niles
Contact a lawyer who will do the detective work. Start with a title company to see what documents were recorded.
Answered on Dec 12th, 2013 at 9:09 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Absolutely get a lawyer. You must not delay any longer the longer sister goes without being reigned in, the worse your chances for ever getting things straightened out.
Answered on Dec 12th, 2013 at 9:09 PM
3 Awards
Yes. Your husband should consult an attorney there are a number of issues. It is a shame he did not do so sooner especially before the home sold. He should move quickly.
Answered on Dec 12th, 2013 at 9:08 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate litigation lawyer to investigate immediately.
Answered on Dec 12th, 2013 at 9:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, he should look for a local probate attorney and the attorney can do a little bit of research to find out if real estate was transferred and if a will was ever probated. Based on that results, your husband may have to sue sister for exerting undue influence on his mother or file a probate action to determine who should get what, or possibly even both.
Answered on Dec 12th, 2013 at 9:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage and attorney, in today's world there are records of everything. Start with the county registrar of deed where the property is located.
Answered on Dec 12th, 2013 at 9:07 PM
Thomas Edward Gates
He can check with the recorder's office. Also, check to see if the will was filed with the court. She may have transferred the property illegally.
Answered on Dec 11th, 2013 at 5:40 PM
He is entitled to copies of all relevant documents. He should consult a probate attorney to review all the facts and documents and advise him how best to proceed.
Answered on Dec 11th, 2013 at 5:38 PM
If you're concerned with real property, you can check with the register of deeds for the county where the property is located to see if there was a deed recorded making the title joint with the mother and sister. The information might be available on line.
Answered on Dec 11th, 2013 at 5:37 PM
2 Awards
Most attorneys have access to title records. You can also go to the county recorder's office and look at the records.
Answered on Dec 11th, 2013 at 5:37 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The situation requires an investigation. If there was a will it should have been filed with the clerk of the court in the county of your mother's residence within 30 days of the date of death. You could start a probate of the will and use the estate to investigate the assets owned by your mother at her death. If there was no will an administration of the estate could be opened and the estate used to investigate the assets of your mother. If you are not named as the estate representative you could force the representative to do the investigation. Your sister ought to be able to produce documentation that shows what was transferred away from your mother and when that took place. If she is not willing to do that voluntarily you will need a lawyer to force her to produce the information and investigate the situation.
Answered on Dec 11th, 2013 at 5:36 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can check the public records. Real estate records are available online. That will give you an idea of dates. Being on chemo and radiation does not render someone unable to make changes to their estate plan, however. Your husband has a very tough challenge ahead of him, and he would absolutely need a very good litigation attorney to assist him with this matter.
Answered on Dec 11th, 2013 at 5:35 PM
Your husband's mother's will should have been filed with the probate court in the county in which she resided when she died. He can ask to see the files and read the will and other documents himself.
Answered on Dec 11th, 2013 at 5:35 PM