Posted by dawn scorer on August 06, 2005 at 16:31:49:
my dad died aprail no will i foun him 4years ago i had aolder half sister yet his ex wife and her tried to keep away from the funnerl they haden spoke to him for 20years he has a house and money but they say i have no right to anything even thou i am the only one who has been in his house and has is grandchrildren
father has died, no will found - Posted by shelbie
Posted by shelbie on July 17, 2005 at 21:14:24:
There is an only son to a man who never remarried and has passed away. No will has been found by the son. There is a house with a minimal balance on the note and a vehicle that is paid for. Will the son be able to sell the house and if so, what are the first steps to take?
Re: father has died, no will found - Posted by Jimmy
Posted by Jimmy on July 18, 2005 at 08:51:32:
been down this road many times in my law practice. here are some thoughts:
Just because you did not find the will does not mean there isn’t one. See if there is a safe deposit box, or a safe in the house. If he did business at a particular bank for a long time, that is the likely place where he would keep a box. You should also dig up the past year worth of bank statements, and comb through them. See if you see a charge for safe deposit box rental. While you are at it, determine the sources of all deposits into the account. You just might find some assets you did not not know about. And look at expenses.
When you go through the financial records, make a note of the accounts and assets. Look for property tax payments. Basically, look for clues. There will be a lot of them pointing to assets and liabilities.
tax returns can provide a ton of clues. examine them closely
if you find a SD Box: Understand, firstly, that you will NOT be allowed to open the box, unless your dad put your name on the box account. A duly appointed Executor (or Administrator in intestate cases) DOES have authority to enter the box. However, there are rules in many states which permit a box to be opened by a bank officer and a family member, for the SOLE PURPOSE of finding a will or trust document. Nothing can be removed from the box in such an entry, but the pertinent documents may be photocopied.
next, talk to your dad’s attorney, tax preparer and any other advisors, if any. They may have information you do not.
If, after having done all of this, you still can’t find a will, it’s time to think about administration.
Every state is different. There may be summary procedures available which avoid a full blown probate. Probate may be no big deal in your state, or a big hassle.
Of Immediate Concern: SECURE THE ASSETS. Change the locks on the house. remove valuables from the house. Put them in a secure location. Make a detailed inventory of anything removed from the house. Rent a storage locker if necessary. Think like a thief. What stuff in the house would thief love to get? secure these things. Keep detailed records af any expenditures you make. These will be reimbursable later, even if you are not a beneficiary.
Administration is fairly complicated. There is much to consider. Find the most experienced estate planning attorney in the area and get a consultation. Too many important issues get ignored and forgotten when prople try to do this process themselves.
Re: father has died, no will found - Posted by dealmaker
Posted by dealmaker on July 18, 2005 at 07:42:52:
Everyone has a will, in this case it’s the one the STATE wrote for him under the laws of INTESTACY. The son’s first stop is at PROBATE court, possibly called widow’s and orphan’s court.
In some states it a pretty simple process, with helpful clerks and can be knocked out pretty easily. Other states it’s more complex and might require an attorney. It sounds like a pretty simple estate and he should try it himself first. It’s a matter of getting together a list of all assets and liabilities. This will include either an appraisal or BROKER’S OPINION of value on the house. Show everything to the judge and the JUDGE says how much the house can be sold for.
Since he is the only heir deciding who gets what makes it pretty clean and simple.
Good luck
Dealmaker
Re: father has died, no will found - Posted by Brian (UT)
Posted by Brian (UT) on August 26, 2005 at 13:36:21:
Jimmy
Just a quick note to say thanks for your post of July 18,2005. I had an old client call me from the Bay Area with a similiar problem and I copied your post and mailed it to him.
Found out his sister had gotten to the house before him and had found the will and destroyed it because the house and one property was left solely to the brother. The father had bought and paid for the sisters house as well as a ton of debt she had at the time, so to be fair he gave his son extra in the will.
Thanks to your post he found the original will in a unknown safe deposit box. He says thanks.
Brian