QUESTION
What can we do if our father passed and we were kept away from him by our step mother?
Asked on Feb 16th, 2014 on Estate Planning - Idaho
More details to this question:
My father passed away and myself and 2 siblings were unable to have any contact and we are wondering what our right are? Step-mother has power of attorney and we need to know our next step. He does have an estate and a will. We believe the will was change recently, and we were taken out of the will. Not sure yet of those details. Can you point us in the right direction?
12 ANSWERS
Edwin K. Niles
Get a lawyer to write a letter, for starters.
Answered on Feb 20th, 2014 at 5:04 AM
2 Awards
The right direction would be to go see an attorney. It is impossible to advise you without specific information. You have a chance to recover something so see an attorney asap.
Answered on Feb 20th, 2014 at 5:04 AM
You should consult a probate attorney you can advise you about the process and how to get the information that you are looking for.
Answered on Feb 20th, 2014 at 5:03 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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If you are beneficiaries under the will, you are entitled to a copy of it. If you are not beneficiaries, you are not entitled to a copy of it. That does put you in a tough spot in trying to determine if you even have an interest to protect. If you cannot get your stepmother to give you a copy, your only legal recourse may be to file a petition with the probate court, seeking to compel her to either give you a copy or prove you are not entitled to one.
Answered on Feb 19th, 2014 at 9:44 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 attorney to represent you in a possible will contest, immediately.
Answered on Feb 19th, 2014 at 9:43 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is a Will it must be filed with the Clerk of the Circuit Court in the County of his residence within 30 days. Once filed you will have an opportunity to view the Will. A power of Attorney is of no effect or import after the death of the principal. The authority of the agent dies with the principal. An estate would be opened to deal with the assets of the decedent. As an heir of the decedent you would receive notice of a probate of the Will even if you are not a legatee under the Will. It is possible to challenge the validity of a Will.
Answered on Feb 19th, 2014 at 9:43 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You do not have any inherent rights, at this point. If there is an estate filed, then you are entitled to a copy of the Will. If there are not probate assets, then there will likely not be an estate filed. In that case, whether there is a Will or not, or what it says are irrelevant. If you are unsure how to proceed, you should contact a probate lawyer for assistance.
Answered on Feb 19th, 2014 at 9:41 PM
3 Awards
If your father had capacity when he made the new Will and you are adults, he did not need to leave you anything. As his children you are entitled to a copy of the Will. You can order it from the court if she will not provide you with one. There are many facts not addressed that one may imply, i.e., was he unduly influenced, not just influenced. If you feel these types of facts may exist it may be worth consulting with an attorney about a possible contest. Will contests are generally expensive to pursue.
Answered on Feb 19th, 2014 at 9:41 PM
Contact the probate court in the county your father resided in at the time of his death and ask that you be notified of any and all actions. As his children, you have a right to see the probate file and the will, object to any proposed executor or personal representative, and be notified about how the estate is settled.
Answered on Feb 19th, 2014 at 9:41 PM
Anna Tarasyuk
As your father's kids, you are what is known as "heirs at law" and therefore have certain rights with regard to the estate. If you know he had a will, the first step would be to locate that will. If you know the attorney that drafted it, contact their office. You will have to see the will to know what is actually in it. You may have to get a court order to compel your stepmother to show you the will, especially if you believe there was some sort of fraud or undue influence with taking you out of the will.
Answered on Feb 19th, 2014 at 9:40 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Get a lawyer. If the will was changed, you will need to challenge the new will. Any delay plays into the hands of the person who is trying to disinherit you.
Answered on Feb 19th, 2014 at 9:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, get a local probate attorney and go over the facts with him. As far as keeping you away, there probably is not much you can do about that. As for the will, you may need to prove she exerted undue influence on him or that he did not have the capacity at the time to change the will.
Answered on Feb 19th, 2014 at 9:16 PM