I've been estranged from the family . I wasn't notified that Dad was failing in health or even his passing. My adult children found out he passed by Googling his name one day recently. I am curious if there is a will. Knowing my Dad there is. And what it says. And if I am mentioned. If I am can they keep anything from me? I'm easy to find. Google my name and my homeschool immediately comes up complete with my email and phone number.
Back story. My father and I would talk periodically but regular communication never happened. The family owned a very lucrative company that suddenly went under and filed bankruptcy. It was a family corp .so the family paid out the debts. Either way ..if that wouldn't have happened I was to own part of all that as be requested by my grandfather . I was the only future heir that took interest in the business and had hands on. I got married and moved away. My spouse wasn't my mother's choice .Dad knew I was happy. Mom and Dad divorced and Dad is married 21 yrs to his wonderful lady . My siblings and myself are estranged. They are more like my mother. I really don't want to ask them concerning a will if there is any hope of reconnecting it will put a cloud over it . There was no attempt to contact me . I am easy to contact.
If there is a will and I'm not mentioned I would like to find out on my own rather than from them. If from them I'd probably want proof. Lol. My mother is no longer involved in his life or death as she shouldn't be .
I reached out to every number and email I could get until I connected on one and got a very calculated and unbrotherly response from my older brother.
I left my door open if he or my sister ever want to talk
The law says you must "deposit" the Will with the superior court in the county where the decedent lived, even if there will be no probate. There is a fee to deliver the Will to court.
You can always write a certified letter and ask for a meeting. If that goes ignored, at least you'll know you've done everything you could in reaching out.
Perhaps they have a different outlook on why things are the way they are as you all have been estranged for some time. It's very sad when that happens. Very often, in situations of sibling estrangement, perspective/s become twisted and lopsided as people no longer trust each other as years progress.
And it's possible that they look at your being MIA for a time, meant that you're only inquiring for the sole purpose of having a cut from the business. Nevertheless, these things are never easy.
I am very sorry for your loss. It's very disheartening to have so many open ends both emotionally and also on a multi-sided situation that you have to try and come to terms with.
It's good that you've left the door open...Never say never. "Family" is like a thumbprint - no two are the same.
That being said, you can do your own living trust and will. Another friend did his mom’s. Think he bought a book at Office Depot .. this was 25 years ago. I guess you can download them..
Wills have to be probated if estates are over 20k in my state. Probate can't be done until about 10 days after death. The Executor is responsible to see that Will is filed. Then they get a "short certificate" giving them the ability to handle an estate.
Carolora,
Once the Will is filed, its public. You just call Probate and ask for a copy. There may be a small charge. Or, you may be able to go on-line and see it.
The Executor's job is to carry out what the Will says. He/she is to contact each beneficiary and tell them the Will is filed and send them a copy. The problem I see is your grandfather. If he stipulated something in his Will it has to be carried thru. Since your family business went under, did Dad have any assets to leave? If not, having a Will may mean nothing unless he left personal items.
So call the County your Dad resided in and ask Probate if a Will has been filed for Dad.
I assumed that USA law on this was based on English ‘Common Law’, as is the case in Oz where I am. However I found that some USA states still base some inheritance law on the ‘Code Napoleon’, because they had an established French set of title rules. ‘Community title’ and different intestacy rules spring to mind as one of the results. So now I’m a lot less adamant about it!
If you father had a large estate and you feel you may have been named hire an attorney to research any will or Trust activity, and to write a letter asking about your status under any will or Trust. If a small estate, I would move on. It is very unlikely you were left anything by will or Trust and not notified. To ignore the stipulations of a will or Trust is dangerous and illegal.
Find out who is in charge, then ask them for details. Keep it ‘professional’. “Who is the Executor” is probably a lot easier than asking immediately about your own entitlements, and dealing with a bunch of people who you don’t like. One of your adult children could also do this, and they may find it easier to be cool and business-like about it.