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How Do I Acquire a Will
cbxjeff
Member Posts: 17,599 ✭✭✭✭
I had a relative pass away this month while living in the state of FL. To say her administrator, also a relative, is a manipulative, money hungry, dishonest woman would be treating her kindly. How can I get a copy of the deceased will? This same thing happened about 5 years ago concerning a closer relative. No copy of the will was offered and this same sweetheart took anything she wanted before letting 2 other siblings pick through the remainder. I know the current deceased name, address, date of death (and probably birth). Is this enough information and who do I contact? Any info appreciated. Wish Earl was here!
It's too late for me, save yourself.
Comments
I thought they were filed... with the court.
And heads up to anyone living who just has a Will they must go through Probate. Good luck. We are going though it my my grandma's cousin who died 6 years ago... Long crazy story.
"Independence Now, Independence Forever."
John Adams
Yes, contact the county probate dept. Here in Va. I had to notify the probate section of all (close) relatives. Then send each one a letter offering to send them copies of all the paperwork.
no real help . but I tossed in a towel years ago
I know my mom made one ( a will ) out I met her at a lawyers office several years maybe 5 or 6 before she passed
I begged her to use what ever she had on her self but she insisted it be spit with her kids as we had little growing up she was happy to leave a little to us not much rally but it made her happy so be it . at that time I was made executor of the estate .
I did not keep track of the lawyer or even remember his name . when my mom passed I have a sister that just took over , words I can not use to describe her I guess all for me what ever it takes would be close .
as my mom had little to nothing ( another long story where she was blead dry over her last years ) so when mom passed I never even ask or tried to follow up .
part of the story also when my dad was alive he got a big settlement from SS and disability . again I begged mom to use it for her and dad while thy could still get around go on vacation do what ever she refused determined to leave her kids something
they took the money ( all in cash ) put split all in envelopes with each kid name on it I never ask or looked but a SIL said they had to be 8 to 10k in each one ( 5 total envelopes one for each kid ) just a guess she really did not know . even a blood sister told me similar story whaen she was shown I was offed to look by mom but again I told he no use it wish I had now . when mom passed amazing my other family did not know what happened said maybe mom spent it was there reply ( total BS )
but I told my wife lets let it go , water unde the bridge . another thing I knew my mom had pre paid for her funeral told us many times she took care of it head stone grave the works.
but when she died the same sister argued I owed 1/2 ( 5 kids but only 4 of left my brother had died my one sister was just months away from dying one was dirt poor no chance and that only left the 2 that had any way to pay that was my sister the sister and her family I refer too above and us
wife and I paid half and walked away never to look back I figured it would cost more to find out what really happened and cost more than I could ever recover, there is so much more to the story but to end it
we just buried mom and have not talked or seen the other family member since and I am OK to live out the rest of my life never seeing or talking to them again
OP, check the county probate records for the county that your loved one lived in. It will show the entire history from the time that the will was submitted by either the attorney or someone else. Ditch- went through a kinda sorta similar situation when my mother passed away last year. All worked out positively in the end, and like you, I'm OK with no contact ever again.
If no probate is filed then it will be difficult to get a copy of the will. Some states do require wills to be filed with probate court if no probate but not many.
The will is usually only filed with the probate court when a formal probate petition is filed. If no formal probate the will is very difficult to get.
Some attorneys keep the original of the will to force you to use them for probate. However the attorney will only speak with the executor of the estate.
The executor has to file with the court if there is a probate. That leads to usually an attorney to contact. Request a reading .
It’s sad in that when someone dies you would think that it would bring a family together, but often times it brings division between family members.
To contest a will you will need to contact a lawyer. A will is not required to be recorded at the court house in some states, until the estate is put in probate. I had my will changed a few years back, and the attorney told me to make sure that I destroyed the original will. There are cases where two wills showed up. A will should be kept in a safe place until needed not entrusted to a friend, but to where no one can get to it until that time, safe deposit box is good.
If there is a will and only a single beneficiary probate is not required in many states.
If you have a will, your attorney is required to give you a copy of it as filed. In your interest, make copies and send to everyone named in that will. And every time you change anything, a new copy should be sent.
I will chime in since I have handled estates before. Sorry for your loss. The deceased if they have a will chose the party to handle their assets and them until death .. most likely their Power of Attorney . POA ends when they die. The deceased put their trust in that party or they would not be handling their affairs. Now if you are named in the Will.. they will contact you about the benefits you will receive and if you want them to handle the estate or not. If you are named and don't want them to a contestment can happen and usually someone else is appointed or the state will handle it. I have seen folks whom thought they were entitled to receive something just because they knew the deceased or related to them get real upset when they are not in the will. Only thing I could tell them is the deceased wanted their property dispersed as in the will and if they were to get something the deceased would have put it in the will. Now bank accounts that the deceased had are one of two ways.. Paid on death to the named beneficiary or open.. Open meaning the money in the bank is to be dispersed to the way the will is written. Paid on death the beneficiary can get their from the bank with a death certificate. No checks from any bank accounts can be written after death unless the executor is named on the account with the deceased. Most money outside the will in bank accounts is not included in the will . Property ..homes and land is also included outside of the will. Normally the deceased will have a life estate with a named person to get the home if one exists. It is not hard to honor the deceased requests because they put their trust in you and the executor honors those request.. at all cost. Sometimes the executor is not real popular with family because the family thinks the executor got all the benefits. Rest assured that is not the case. I will also say all that are in the will .. will get a final statement at the end when the executor files how the estate was dispersed with the state.
I have handled three estates for deceased relatives. In all cases, I went to the safety deposit box and retrieved the wills. Headed to the attorney's office who had drafted the will and did the paperwork to open/set up the probate case and start the process.
I handled estates in three different states and was required in all of them to file the will or provide other paperwork. All of the Estates required the filing and publishing of death and a 6 month time frame for anyone to come forward with any claims against the estate.
One of the estates had a less than specific will with lots of holes. This required a lot more work on my part to sell the properties and settle the whole thing. As said above, there will always be folks that think they are entitled to something just because they want it.
You can check with the attorney that may have drafted the will...IF there is one that exists. Many folks die without one. If that is the case, the person handling the estate may not have the authority to do so.
I will you luck in your endeavor.....
I Had forgotten about publishing the deceased..thanks ^^^^^^^^^^^^^^^^^^^
If you ever think you know someone very well, share an inheritance with them. Your opinion will either be totally confirmed, or shredded like it went thru a wood chipper.
Some pretty valuable info here. Especially since most of the guys on here are getting up there in years.
I contacted the Manatee county records office and filled out a form for an official request. Maybe this will work.
You think you know your relatives, brothers and sisters included until mom and dad die . People change when there is money on the table.
Yes they do!!
"Independence Now, Independence Forever."
John Adams
Also check online. A lot of states are putting probate records online. Also check with probate clerk, if there was a will and it was not filed you can file a form to compel the named executor to file the will.
Never ever put a will in a safe deposit box. In our state if your will is in a safe deposit box the executor had to get special permission from probate court to retrieve the will and the safe deposit box had to be opened with a state tax official present.
Always keep your will, DPA and HCP at home is a fire proof safe or box. Especially the DPA and HCP as you may need those when a bank is not open.
I have my will in a safe deposit box, but I also have the executors name on the safe deposit box as well.
Dealing with that now and the party isn't deceased. Good part... since I am out of state I share the executor position with an Attorney... I told him he can deal with them on the Will reading. I won't be there.
Money corrupts..........good luck.
The only one who will see a lick of my estate will be my single daughter.
I had a copies in my personal safe...Also I was the owner of the safety deposit box, I could retrieve the items from there with no issue.