My mother died. My sister, who lived near her in another state, hasn’t spoken to me since I took her husband and children’s side when she left him ten years ago.
She wrote and said Mom had died, that she had been cremated right away, to avoid all expenses. There was no service because she wasn’t in a church and we were the only ones she talked to at the end.
Sis says Mom left everything to her, just the old bungalow, cheap old furniture and clothing. Sis says since I’m not in the will she doesn’t have to tell me anything more about it, including whether it was drawn up by a lawyer, who witnessed it, or anything else.
I don’t think I would have been ignored in a will because I’ve always kept in touch with Mom by phone and annual visits.
Can I make Sis show me the will? If she can’t produce a will can I claim half the house?
Retain a lawyer in that state, if possible in or near the town your mother lived in. He’ll know what to do with regard to probate and estate disposal. There are a number of ways to work the fee; discuss that with him.
Not necessarily – if Mom and Sis were smart and put the property in a revocable living trust, it would pass directly to Sis without the need for probate. Otherwise, the estate would almost certainly have to go through probate court and any will would be a matter of public record. Probate laws and procedures vary widely by jurisdiction, so I can only second the recommendation of talking to a lawyer in Mom’s hometown.
Sadly, at some point it’s likely to become a question of whether your potential inheritance outweights the financial and personal costs of fighting Sis.
My understanding of New York Probate law (and this is not my area of practice) is that you have to send notice of the probate of a will to all of the natural beneficiaries (i.e. children, siblings, etc.) as well as all of the people named in the will. Thus, if the will was probated in New York, you should have been given notice.
Of course, different states’ laws vary. Perhaps if you mentioned the state that your mother lived in, someone might know the answer.
In any event, I understand that almost all wills are public record when filed.
There is, however, a possibility that she may have just appropriated your mother’s assets without any will or other similar transfer. I would recommend you check with a lawyer in the state (and probably the county) where your mother resided.
There are two kinds of “filing.” One is for safekeeping. In some jurisdictions, one can give an original will (while the testator is still alive) to the court clerk for preservation. http://www.state.ak.us/courts/forms/pub-14.pdf (pdf). Typically a will filed in this way will not available to the public.
The other is probating a will. This is the procedure that begins distribution of the estate. This part is public, and in most cases you would be entitled to notice of the institution of probabe proceedings. But see, e.g., http://carrollcountyga.com/home/probatecourt/info.asp (Describing Georgia’s Common Form probate, which does not require notice to heirs, but is not binding for four years). I’m not so sure that provisions like this are constitutional (Tulsa Prof. Servs. v. Pope(due process requires actual notice to known creditors in probate proceedings)), but they exist in a few jurisdictions.
There are actions that you can take to find out what the deal is, but you will need to talk to a lawyer in the jurisdiction where your mother resided when she died. Only an attorney licensed in that state will be able to help you.
If they did so you could find this out, with respect to the real property, in the county real estate records. There would be a deed from mom to the trustee of the trust.
A trust does not make sense here if sis alluded to a will. Although a will might still be prepared, the purpose of the will in that case is not to transfer property from the trust.