I am 59 years old and my dad died four years ago. My mother had passed away after 16 years married to him. She was murdered. His new wife was with him for the next 36 years but never wanted to adopt us. She was not a pleasant person and during the time that my father was dying, two things were witnessed. She was caught screaming at him to change some paper work or she would leave him. He was terrified of that. The second was that it was discovered that the fridge was completely empty and he was not being fed. Adult protective services was called. My father told me that he "had done what we discussed". That was in regards to him telling me that I would be taken care of financially. My father was worth over 2 million dollars. My stepmom took everythng and quickly sold several things including his 1975 Mercedes Cabriolet for $125,000.00. I started searching for what he left me this year. Being disabled I had to find someone to help. My father had always taken care of me financially since I was unemployable, being disabled. I have lived on disability since his death and can barely live on what I get.
Does anyone know if I can contest the will and get the money that was left to me? She also turned down being executor and the changed her mind later and posted a $6000 bond. Does anyone know what this means?
What is absolutely certain is that if your friend's claim is going to get anywhere at all, it will need very skilled handling by a good and tenacious lawyer.
I would be surprised if people with the disabilities you describe do not have access to support workers; and those support workers should assist them to seek legal advice where appropriate. So that's where you start. Are you in touch with anyone who is responsible for their care?
Did Dad have an insurance policy listing his children as beneficiaries? Not sure how, but there must be a way to find out.
Has this man taken advantage of all the services out there. Being disabled means SSD, Medicare and Medicaid. So all his Medical is paid and prescription costs are very low. Medicaid has some services. Homecare and transportation. Utilities can give discounts for disabled.
State Disability Depts may help with vouchers for housing.
If the stepmom is in a Long Term Care facility, is she private pay or Medicaid? If Medicaid, there is no money. She is down to maybe 2k. Her SS and any pension goes towards her care with Medicaid paying the rest. If she is private pay, thats about 10k a month and will go fast.
I'm sorry for any confusion, but you say you are helping the man, posting on his behalf that is, and then go on to say "she" is in an SNF.
I appreciate that you wish to act for him and represent his own wishes in all this, but for the sake of clarity it might have been better just to say that you're acting for another person.
Does he not have any formal legal representation of his own?
Let’s say your state requires the will to be probated within four years. If it’s not, then the state intestate laws apply.
I suppose it’s possible that she had a different will that didn’t list you and sis that she probated...But if she probated any will it would be of public record. How do you know about the bond? You don’t need a lawyer to check the records. With sisters help you should be able to make some phone calls and find out if your county has probate records online.
You can check property tax websites and see if she’s sold the family home etc.
See what you can find out and let us know.
BTW I have just been diagnosed with not one, but two incurable diseases. I don't have long and if I make it two more years, I get my ex-husbands social security. I will have plenty of money if my own.
The only reason I mention this is that it makes me wonder where you are getting your information about your father's will and your stepmother's conduct. I also wonder who is the "we" when you say that your stepmother never wanted to adopt "us." Assuming that you were not your father's only child, then, why did your sibling(s) not challenge the new (?) will four years ago if it was suspected that your vulnerable father was co-erced into making it?
All the same. I would not dismiss your question out of hand, and I think you should consult a reputable lawyer. Even if it is not sensible to challenge the validity of the will that has been through probate and executed, it may still be that there could be other grounds to mount a claim. You live on disability benefits - to which you are entitled, and there is nothing wrong with that - and there have been precedents where public interest (i.e. the state's not having to support you) has been admitted as a factor in settling contested estates. It seems to me that it shouldn't have been! - but it has, and awards have been made. It can't hurt to have an exploratory discussion with the right kind of attorney. Would you be able to find one? Could anybody help you to do that?
I would ask to see the will. This was your father’s will after all. I don’t even know if she is required to show it to you but as others have said once it is in probate the beneficiaries should be told of any inheritance.
Why didn’t your father, after losing his first wife and remarrying, make a will taking care of his children from his first marriage? Did you and your father discuss this? Do you have siblings from dad’s first marriage? Often there is strength in numbers.
I would hate hate to find that you didn’t get any inheritance especially if your father was worth millions, but it may be true.
Would your step mom not encourage your father to take financial care of his kids from a first marriage? Was she an ok step mom? We’re you young when your mother passed & stepmother stepped in to take care of you?
Lef us know what happened. I hope you prevail but realistically after 4 years that ship may have sailed.
You can talk to an attorney, but honestly? After four years, it is going to be hard to prove anything. If his wife survived him, and his will stated that she was to inherit everything--you don't have much hope.
It may well cost you more than you'd stand to inherit to pay someone to chase this down for you. But you do need an advocate, if you choose to pursue this.
Just saying: your impressions of someone's personality or stories of them being cruel, not caring for your dad, etc are, sadly, hearsay and after this length of time, would be hard to 'believe'.
I hope some one else can give you a more hopeful answer. I just think too much time has gone by for this to be settled to your advantage.