As I was preparing to sell our family home, I found an old will, or what appears to be a will, that my father had written about three years before his death. He cut my brother out of the will for reasons I won’t get into here, but he had, among other issues, substance abuse issues. My father wanted me to have his two cars, plus a cabin upstate – an old family farm – worth about $135,000. However, our father’s estate was divided into three parts between me, my sister and my brother.
““It not only changed my financial future, but also my worldview.”»
When I told my sister and brother about the will I found, they didn’t seem surprised. In fact, I could see in their faces that they knew about this will or even had a copy in their possession. They answered my questions in silence. I could have used this money to pay off my mortgage and pay my medical bills. It sounds like a nightmare. I thought I could trust my family, but I realize I can’t trust anyone. It not only changed my financial future, but also my worldview.
My mother died in 2008 and my father died six years ago. Is this will valid? What can I do?
I have a stomach ache
“If writing this column has taught me anything, it’s that some loved ones will do anything if there’s an inheritance at stake, whether it’s a house or an old truck that hangs out in the garage.”
Illustration from the Market Observatory
Dear patient,
There is one thing that never ceases to shock: the alleged misdeeds of others. It would be nice to give them the benefit of the doubt, but if your siblings aren’t showing any signs that they were surprised by this news, you might be right. It is a cautionary tale to always do your due diligence and not take others at their word, especially if they have a vested interest. If this column has taught me anything, it’s that some loved ones will do anything if there’s an inheritance on the line – whether it’s a house or an old truck lying around. the garage. Who was the administrator or executor of your father’s will? Do you have evidence to support your suspicions?
The statute of limitations for pursuing a person’s estate varies by state and may also depend on the nature of the case. Vanarelli & Li, a law firm in Westfield, New Jersey, cited a case in which a judge ruled that a person who hid a will could not hide behind the statute of limitations. “The doctrine of laches is an equitable defense which may be invoked in the absence of a statute of limitations, when a party who has a known right ‘engages in an inexcusable and unexplained delay in exercising that right to the detriment of the other party,’ the law firm said. “Here, the plaintiffs’ delay was excusable, given that the defendant had failed to notify them of the will.”
The firm continues: “Following a trial, the court found that the defendant could have been a caring and loving nephew, but that he “completely abandoned his obligations to [the decedent] as trustee under a power of attorney and as executor of his estate. The judge found that the defendant intentionally concealed the terms of the deceased’s will from the beneficiaries and that the statute of limitations would be fairly imposed. The defendant was ordered to deed the house to the decedent’s estate, repay the estate the balance of the mortgage and other transfers he made from his funds, and pay attorney’s fees of the plaintiffs.
If you die without a will or without a legal will – a will that is not notarized or has some other legal defect that invalidates it – it will be up to your state’s laws to decide who gets what. This can become complicated if, for example, your spouse dies before you. When a person dies intestate – without a valid will – their estate goes through the probate process according to state law. The probate court will account for all of the assets of the estate: real estate, life insurance policies, bank accounts, furniture and jewelry. These assets will then be distributed to the beneficiaries, in this case your father’s three children.
You should also have an attorney review the will you found and determine whether you may have legal action against your siblings if any wrongdoing is discovered. A person who makes a will or signs a power of attorney must be of sound mind – also known as “testamentary capacity” – and not under duress, duress, fraud or undue influence. Even the richest people have been known to leave no will – Prince and Michael Jackson both died intestate – or to download a will from the internet and write it without any legal advice, or even to write a will by the book , but then forget it. to sign it.
Good luck in your investigations. I hope you find justice and, if that is not possible, contentment and peace of mind.
Readers write to me with all kinds of dilemmas.
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2023-09-28 08:27:24
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