Need Legal Advice After Fathers Death
This is a discussion on Need Legal Advice After Fathers Death within the Wills, Trusts, Estates forum, part of the Other Family Law Matters category; I'm the oldest child of 6 children. My parents divorced when I was 24. I'm now 52 years old. My ...
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|Apr 21st, 2008, 05:53 PM||#1|
Join Date: Apr 2008
Need Legal Advice After Fathers Death
I'm the oldest child of 6 children. My parents divorced when I was 24. I'm now 52 years old. My father just passed and I'm devasted. First it's how I found out and second what should I to do now. He passed March 26,2008.
My dad was having an affair with a woman and my mom found out. That is what caused the divorce. Mind you this was 20 years ago. All of us kids were devastated. My youngest brother was only 9 or 10. My mom took the responsibility of the children on her own. She struggles with finances but managed to get by. All 6 of us kids watched my father leave home,move in with the other woman and continue to collect assets.
He never married her. My mom just received a notice from the social security office letting her know her rights as a widow. She called all us and let us know our father died March 26th. I had over the years called and called him over and over trying to find how how he was. He repeatedly hung up or when she answered she hung up. I tried over and over to establish some kind of relationship. I feel lots of mixed emotions now.I'm trying to find out what he died from. I'm sure he left a will leaving all of his assets to her. He was bitter and angry since we all felt abandoned when he left. He thought we all took her side. What are our rights as children????. He never married her nor did he have any other children but us. This is horrible. Can someone give me some advice. We don't know where to start.......
|May 13th, 2008, 01:28 AM||#2|
Join Date: May 2008
Re: Need Legal Advice After Fathers Death
My heartfelt condolences on the passing of your father and the situation surrounding it.
I have a couple of suggestions that may or may not help. First, if he did leave a Will...the "other woman" may not have had it probated. I'm not sure if it is required in all states but, the Probate Court will determine if it is the last Will and testament of your father and should "officially appoint an executor or some other person to handle the distribution" of his property. Even if the Will is not going to be probated, anyone in possession of his Will must bring the Will to the Probate Court for filing (at least in my state). Secondly, if there is a Will listing you and your siblings as beneficiaries, you can have the Will's executor changed (by majority vote) if she does anything illegal with his property. Once you find out about the Will, see if she has the ability to sell anything without your permission. And last of all, make sure that you get a lawyer who is very educated about Wills, Estates and Probate (if you need one) because some will not be able to help you if they don't completely understand the laws. My mother is having a problem with my grandmother's Will and her lawyer has been useless, in my opinion.
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