My father died Monday and I just found out (1 day after the funeral) that my (greedy)sister was given his will and all important papers. I know the next step for her would be to file the will with the attorney/Probate Court. Is there any possible way that she could make changes to the will without anybodys knowledge? Because when I called my dad's attorney and spoke to his secretary she said that they did not keep a copy of the will at their office, they give the only copy to the client. It seemed strange to me that the office didn't keep a copy for their records. My sister and I aren't on the best terms right now and she didn't mention to me that she had the will. She didn't try to get any of my contact info at the funeral, so how was I supposed to be notified of anything, or even know what was in dad's will? So, would it be possible for her to make changes to the will in her favor and how could I possibly get a copy of the original will written by my dad?
124109
You need to get an attorney specializing in probate and estates.\n\nYour sister "can" make changes to the will but she's not allowed to.  She "can" be appointed executor but she doesn't have to be.\n\nWhomever files the probate first has the best shot at being named executor and you may not actually need the will to do it (just the knowledge that there is a will).  Call a lawyer this morning.
50851
Sorry about your dad.\n\nIf a person dies without a will (intestate) the distribution of the estate is overseen by the probate court.\n\nBy intestate succession, the remaining estate is distributed to the closest surviving relatives. In most states, that would be the surviving spouse, children, parents, and other siblings, in that order.\n\nIf your mom is still alive, she should get the estate. If she is not, then it should be split between children.\n\nYou probably should consult with a lawyer familiar with estate laws.  You can also get a lot of information on the web, search for "intestate" and "probate" specific to the states involved.
37172
It is not entirely clear what you are asking.  You seem to be under the impression that your little brother would have inherited all of your step father's property if his wife (your mother?) had finalized the divorce.  This is unlike to be the case, particularly if your step father had a will and/or a living trust in place at the time of his death.\n\nI can't answer your question without further speculation.  Therefore, I suggest contacting a probate/estate planning attorney in Colorado that listen to the facts and give you better advice.
574335
If there are a lot of assets to divide avoid all of the bickering between relatives leave it all to me.....LOL no but really find a good estate planning attorney or whatever type of attorney that handles such matters there are plenty of them out there. just do your will and final testament and keep him/his firm on retainer for any changes alterations of which I'm sure there Will be and clearly state your intentions to avoid legal battles after your passing
6396
You will have to find the executor of the will who will be the trustee to carry out any provisions written in the will, usually it is the lawyer hired by the deceased. If your name is there and your family is witholding your dues your only recourse is to contest the will in an open court house.
255000
I read the rest of your other question and you definitely need an attorney asap! Your attorney can find out who her attorney was by a click of the mouse. Your lawyer can put in an order to have EVERYTHING frozen until you guys go to probate court. It is a really long process it can take years sometimes, but he will be ordered not to do anything with any of her property or else he will have to answer to the court. Also, if he sells any property before any paperwork can be filed, your people can find it. We are going through a similar situation and the judge has seized everything from this family member and there is at least 36 million sitting in an escrow account waiting to be disbursed. They had bought houses and property for their own kids and they have tracked down every financial move she has made over the last several years. This has been in court for around 3 years now. No matter what type of property it is, probate court always takes time.
195638
There is administrative work that needs to be done, and it would be easier to name one person than several.\n\nThis does not mean you are not getting an inheritance; just that you are not burdened with doing the administrative paperwork.\n\nIf this is really important to you, ask your sister if you can help with the paperwork.\n\nPerhaps your father, in his wisdom, saw some quality in your sister that made her seem preferable for this task.  It doesn't mean he loved you any less.\n\nDon't consider this unfair.  Instead, think about the good qualities of your father, and how you cna live up to them.
517887
Ignore all of the above answers.  They are plain wrong.\n\nIf he died without a will, the law of "intestate succession" in Ohio will determine who gets what portion of his estate, or his assets.  Generally speaking, the law of intestate succession provides that the estate will go to the spouse, and if the spouse died first, then to the children, if any. So if you are his only child, generally speaking, you should get everything.\n\nIn order to settle an "intestate" estate (one in which the person died without a will) the next of kin must go to the local surrogate to have administrator appointed (In contrast, if a person dies with a valid will, this step is uneccessary, because the will will ususally appoint an executor in its terms).  The person seeking to be the administrator of an intestate estate generally has to post a bond (but may vary in Ohio, depending upon Ohio law) to protect the administrator from screwing over the beneficiaries.  \n\nOnce appointed, the administrator has to "settle the estate.  That is, marshall (or gather) the deceased person's assets, pay his debts, and then, if anything is left over, distribute the residue (what's left over) to the beneficiaries.  \n\nIf your father had assets, and no real debt, and you think there will be a good amount of money left over from his estate (the "residue") and you fear your aunts will steal what is rightfully yours, you should hire an Ohio lawyer to 1) contest them being appointed administrators, and 2) have you appointed as administrator instead.   This will cost you money, but it will generally be paid out of the residue of the estate.  In other words, the lawyer will try to have you appointed as administrator, and if he is successful, he will help you settle the estate, and take his fee from the residue (what's left over after all debts are paid). It is very much worth the money.  \n\nIf you do get cheated, you might be able to resort to the bond which the administrator likely had to post.  Contact a lawyer to find out how.  \n\nGo to www.martindale.com to find a lawyer who practices estate and trust law in the county in Ohio in which your father resided or died.  Do not delay in contacting a lawyer, as the sooner you challenge your aunts actions, the better.  \n\nGood luck.
300405
forst you need to get yourself a lawyer.and then your lawyer needs to contact their lawyer. who was the first to know about the death of the grandmother? the person who was the one who was first therer or was there when it happened would be the most probable person to  have the will. or maybe she couldve had a bank box that it was put into for safe keeping and forgot to tell somebody about it. good luck.
218251
I'm pretty sure you can put anything you want in you will. Put in your will that you want your friend to be responsible for funeral arrangements and have a lawyer to varify it.\n\nI live in alabama also... I think this is true... but check on it with a lawyer.\n\nDaniel
472715
Probate laws (those dealing with wills, estates, and executors) vary according to the state the deceased lived in.  You need to contact a local attorney who can look at the documents and advise you as to what choices are available.  In some circumstances it is possible to change the executor of an estate.
349678
You need to speak with an attorney who specializes in family law and preferrably has experience in handling estates as well. With your Father having no will I believe you and your sibling(s) are entitled to a portion of his estate. How much I don't know. Depending on which state you live in you may be able to find some information online. If you can tell us which State I'll help you look and post back here links that I find. \n\nI am so sorry for your loss. At 22 you shouldn't have to deal with this. \n\nIf your parents were legally separated that may be a good thing. You did mention having proof with some type of legal documentation. \n\nIf I were you I would get as much of your ducks in a row as possible before confronting your Mother. \n\nGood Luck.. I hope you are successful.\n\nBren... you don't allow email. Start here.... \n\n1-800-221-9576  It is a phone number for the Legal Consumer Guide for California. You can call them for a free consultation. It is a toll free number. They man the phones 24/7\n\nThere website is located at:\n\nhttp://www.legalconsumerguide.com/index.html\n\nClick on the Contact Us link.\n\nAnother Link that may help... http://www.courtinfo.ca.gov/selfhelp/lowcost/lawyers.htm\n\nAlittle more information..\nhttp://www.ca-trusts.com/intestate.html
559317
I'm not a lawyer, and if this were my dillemma, I would definately be seeking legal counsel. I would venture to guess though that if there was a will, the will would have to be honored. But as you can see with the Anna Nicole Smith case, it is tied up in litigation still. I guess it all comes down to who wants to contest what. If there is no contesting the will, the will should be honored. I advise seeking a lawyer on this one though.
562830
The will should be filed in the county of his residence, with the County Clerk, as a result of probate.  Or, if you can find his lawyer, then the lawyer might have a copy.  Check with the Probate Court.
165756
http://www.legaldocs.com/misc-s.htm\n\nI am no lawyer, but I think you can make your demand in a well written letter.\n\nWrite to him:\n\nDEMANDD FOR COMPLETE ACCOUNTING OF TRUSTEE _____________ FOR THE YEARS ______ AND _______.\n\nTHIS IS A DEMAN FOR A FULL AND DOCUMENTED ACCOUNTING OF ALL FUNDS SAID TRUST, ______________(hereafter to be called Trust in this demand).  This is to include out expenses of all types for running said TRUST, lawyer fees for running Trust.  This is to include all accounting of fund presently in trustees and any distributions there of.\n\nYou are given 10 days for date of this demand to comply.\n\nSomething to that effect.  \n\nHave the document signed and witnessed and if necessary go to your bank where notaries are free and get them to notarize that that is your signature.  Send you document by registered signed receipt mail.  \n\nMake a formal complainant to the State of Ill. Bar  Association.  The BBB.  And if your brothers and or sisters or whom ever else are in this trust have them copied.  \n\nThey may want to help.\n\nIf this is your trust only.  Get on it quick.  My father left my mother an Estate, her lawyer robbed her blind and left her with no funds. \n\nAgain, I am no lawyer, but you must make your demand in writing as the lawyer can say you never asked for it.  I think you might have a Free Legal Service there also....contact them today!!! \n\nGood luck.
102822
If your mother left a will, it would have to be presented to probate court fairly quickly. The probate file is a public record, so you can go the clerk's office, find the docket number and look at the will. If she did not leave a will, it is possible there is no probate. As her daughter, there is nothing to prevent you from going to court with a petition to be appointed administrator of her estate (with a death certificate). That might wake your brothers up a bit.\n\nIf they have started a probate action, you should have received notice or been asked to assent to the probate and their appointment. If they have not done that, there is usually a legal procedure to force them to do it.\n\nYou need to talk to an estate lawyer in your area.
674553
You have to contact his lawyer and request a copy of the will.