Jump to content
Sign in to follow this  
ljswick@21

stepmother is executrix of my Dad's will

Recommended Posts

my step-mother is the executrix of my Dad's Will. He died in Sept 2017.  The will has not gone into probate.  She refuses to show me the will or to tell me who their lawyer is.  Now she tells me that my Dad's will no longer exists, that it was destroyed because she has made a new will for herself.  Supposedly my Dad left everything to her (they left everything to each other) that includes the house and family cottage (value around $275,000 total) Doesn't my Dad's Will have to be presented before Surrogate court first, for waivers to be signed by his adult children ,  before she is allowed to make changes to my Dad's wishes I don't know about?  I have been trying to be nice and patient because there are many things in the house that belonged to my Mom who died 35 yrs ago and I want to make sure I get her things. She is going to be putting the house on the market this summer. She is 85 years old and trying to keep every penny for herself, two adult daughters and her grandkids.  

Share this post


Link to post
Share on other sites

If the estate has not been subject to probate, your step mother is not the executrix of the estate.  The probate court appoints the executrix (or administrator if there is no will).  Perhaps you mean your step mother has been nominated as executrix.  Simply nominating a person as executrix in a willdoes not make them the executrix.  You say your step mother says your father's will no longer exists but then say the will must be submitted to the surrogate court.  If there is a will and it leaves everything to your stepmother, there are no "waivers" involved. 

 

Your post shows you are confused about estate administration.  It might be wise to consult a local attorney to learn about what is involved.

Share this post


Link to post
Share on other sites

Did you ever see the will?

Her destroying the will is certainly wrong.

 

Do you know any friends or relatives of your father who may have been asked to be witnesses to his will?  If so, then ask around to see if anyone else knows about the will.

 

You need to talk to a probate attorney about what happens next but you and the other children will be lucky if you get anything from this estate.  Too bad that your father did not let anyone else see the will or know where it was.

Share this post


Link to post
Share on other sites
5 hours ago, ljswick@21 said:

Doesn't my Dad's Will have to be presented before Surrogate court first, for waivers to be signed by his adult children ,  before she is allowed to make changes to my Dad's wishes I don't know about? 

 

No.

 

If they owned everything jointly with right of survivorship it all went to her at the time of his death and bypassed probate. Doesn't matter if there was or wasn't a will.

 

Without a will, you can open probate yourself under intestacy if you can show that he had assets that he owned only in his own name. If there were any, you would be entitled to a share.

 

Start by looking up county property records for the house and cottage to see how the deeds were written. If they were in both their names jointly with right of survivorship you can stop right there because it means your father was content to have his wife get everything upon his death.

 

 

Share this post


Link to post
Share on other sites
On 4/24/2019 at 4:15 AM, ljswick@21 said:

The will has not gone into probate.

 

Why not?

 

 

On 4/24/2019 at 4:15 AM, ljswick@21 said:

my step-mother is the executrix of my Dad's Will. . . .  She refuses to show me the will

 

Then how do you know she is the "executrix"?

 

 

On 4/24/2019 at 4:15 AM, ljswick@21 said:

Doesn't my Dad's Will have to be presented before Surrogate court first, for waivers to be signed by his adult children ,  before she is allowed to make changes to my Dad's wishes I don't know about?

 

Not quite sure what this means, but your stepmother has no legal ability to change your father's will after his death (except to the extent that she can disclaim her interest in anything he left to her).

 

 

On 4/24/2019 at 4:15 AM, ljswick@21 said:

there are many things in the house that belonged to my Mom who died 35 yrs ago and I want to make sure I get her things.

 

While I understand what you're saying here, legally, there is no such thing as "her things."  Anything of hers became your father's property after she died, and he was free to leave it as he saw fit, including to your stepmother (even though, as a practical matter, she might not care about it).

 

You didn't ask a question, but I strongly suggest you consult with a local probate attorney.  You may need to seek to probate the estate as an intestate estate.  That would force her to come forward with a will.

Share this post


Link to post
Share on other sites

I don't know why the will has not gone into probate. I only have her say so that everything was left to her.  I am looking into getting an attorney to help me with this situation.  

Share this post


Link to post
Share on other sites
8 hours ago, ljswick@21 said:

I don't know why the will has not gone into probate

 

I postulated a reason earlier. If everything was owned jointly, which is likely the case, then everything went to her.

 

8 hours ago, ljswick@21 said:

I only have her say so that everything was left to her. 

 

You don't have to believe her. You can open probate under intestacy. That might or might not force out the will. You could only probate assets that were owned as your Dad's sole and separate property.

 

Have you looked up the real estate ownership yet?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...