Posted 30 January 2013 - 10:28 AM
Posted 30 January 2013 - 10:57 AM
"I was under the impression that if you have kids they should get something in writing either saying you get something or you dont..."
What "should" be and what is are two different things though.
Sounds like you may want to ask your brother a few questions about this "papers" ... and you're always free to pester the wife for information, or talk with another attorney (or the one you reached out to in the first place).
"I never heard from the lawyer again."
But ... were you expecting to? (Rhetorical question.)
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 30 January 2013 - 11:27 AM
Posted 30 January 2013 - 01:14 PM
Posted 30 January 2013 - 01:55 PM
my father passed away years ago, his wife is still alive, however myself, my brother, or my sister have never been given any type of paperwork, at least they say they haven't
Paperwork about what? How many years is "years ago"?
My question is shouldn"t I be given something, anything, about a will or trust.
Well...do you know whether your father even had a will and/or a trust? If he had either or both, whether you were entitled to any paperwork depends on the laws of your father's state of residence at the time of his death and your age at that time. Generally, children are entitled to a copy of a will upon request made to the executor of the estate. Have you ever asked your mother about this (or "his wife," who I assume is not your mother)? As for a trust, persons named in the trust are typically entitled to copies.
as I said years are clicking by and I havent seen a single bit of paperwork.
How many years? When someone says something happened "years ago," I typically think in terms of decades. If that's what you're talking about, I have to ask why you never did anything before now.
I have been told that there was a will and my brother was named as executor, however, that was changed at some point before my fathers passing, the papers he took to the lawyers office were the old will.
Told by whom? Being nominated to serve as executor in a will of a living person is meaningless. In fact, a will is a largely meaningless document until the person who made it dies.
Here's what I would suggest. First, send something in writing to each person whom you believe has, had, or may have had any will or trust instrument created by your father requesting copies of any such documents. Second, visit the clerk's office at the probate court in the county where your father lived at the time of his death. Ask the clerk how you can check case indexes to see if a probate action was ever filed for your father's estate. In some places, wills can be filed with the local county clerk without probate being opened, so check about that also. Third, visit the county recorder (the place where real property deeds get filed) to see if anything is recorded under your father's name. Fourth, take everything you find as a result to a local probate attorney and ask him/her to review it and advise you regarding your options.
Posted 31 January 2013 - 11:36 AM
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