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Odd situation. My father's 2nd wife has passed. We were adults when we they were married so there is no adoption or other legal guardianship type relationship between us. His 5 natural children were left nothing in his will.
Now that his wife has passed on, we were notified that her attorney needs to notify people named in the will (whether or not they are beneficiaries) of her passing.
I'm curious why this might be, if no one is a beneficiary of anything. AFAIK we have no claim to anything belonging to her that might have come from our father, specifically $$ or property. Is this notification simply an admin thing, if anyone feels they may have a claim?
Now that his wife has passed on, we were notified that her attorney needs to notify people named in the will (whether or not they are beneficiaries) of her passing.
I'm curious why this might be, if no one is a beneficiary of anything. AFAIK we have no claim to anything belonging to her that might have come from our father, specifically $$ or property. Is this notification simply an admin thing, if anyone feels they may have a claim?
TIA
People are named in a will for two reasons - as a beneficiaries or as acknowledging the person will not be a beneficiary.
For instance -
1). I'm leaving my house to my children Bobby and Sue as beneficiaries.
2). I acknowledge my two children Bobby and Sue, however, I am leaving my house to my second wife, June. This is done to protect June from Bobby and Sue's legal claims.
In your case, who knows? Wills are public documents so you can request a copy from the county office.
In your case, who knows? Wills are public documents so you can request a copy from the county office.
Important correction: a will becomes a public record document once probate has concluded. During probate, the executor, named beneficiaries, and an attorney, if the executor retained one, would have access to a testator's will. Up until probate begins and a will is presented to the court and deemed valid, it is a private personal document. It might be witnessed and/or notarized, but all that really does is prove the printed document was acceptable and signed by the testator.
Even if a named person wasn't bequeathed anything they are notified because they may have a right to know the estate is being settled, probate has started, and when it concludes. Notice of a probate is published locally so if the named person doesn't live locally or isn't in contact with other family, they may not know the testator passed. They may have a right to collect on an outstanding debt. They could also challenge how the estate assets were administered or distributed. OK, there's a specific part early on in probate when the estate's administrator is supposed to identify and notify the testator's creditors, but it is possible the administrator wasn't aware the debt existed.
Last edited by Parnassia; 03-09-2024 at 03:44 PM..
Important correction: a will becomes a public record document once probate has concluded. During probate, the executor, named beneficiaries, and an attorney, if the executor retained one, would have access to a testator's will. Up until probate begins and a will is presented to the court and deemed valid, it is a private personal document. It might be witnessed and/or notarized, but all that really does is prove the printed document was acceptable and signed by the testator.
In my state a notice of administration to heirs must be sent to anyone named in the will, spouse and children whether or not named in the will.
These notices are designed to allow for objections and to protect against fraud particularly in cases of disinheritance.
We were not her children and my father passed away years ago. Maybe the will acknowledges us as his children, and says, 'but you have no claim to anything.' I wouldn't expect that any of us does.
When my father passed, he left everything to her and we were not mentioned in the will, to my knowledge. We never received any notice of probate either, nor did we attend any 'reading of the will' type thing.
Strange thing at this late stage of the game. The whole situation back then was very hurtful for all of us.
I guess we'll see.
We were not her children and my father passed away years ago. Maybe the will acknowledges us as his children, and says, 'but you have no claim to anything.' I wouldn't expect that any of us does.
When my father passed, he left everything to her and we were not mentioned in the will, to my knowledge. We never received any notice of probate either, nor did we attend any 'reading of the will' type thing.
Strange thing at this late stage of the game. The whole situation back then was very hurtful for all of us.
I guess we'll see.
It is very common for a spouse to default to leaving all their assets to the surviving spouse. No need for anyone other than that single beneficiary to attend a reading or be involved in probate. It's possible she simply wanted more of the family to know she'd passed and who was handling her affairs just in case someone wanted more information. If she passed in a different state than your father did maybe the notification requirements differ. Maybe she wasn't as perfunctory or as dismissive as your father was.
Odd situation. My father's 2nd wife has passed. We were adults when we they were married so there is no adoption or other legal guardianship type relationship between us. His 5 natural children were left nothing in his will.
Now that his wife has passed on, we were notified that her attorney needs to notify people named in the will (whether or not they are beneficiaries) of her passing.
I'm curious why this might be, if no one is a beneficiary of anything. AFAIK we have no claim to anything belonging to her that might have come from our father, specifically $$ or property. Is this notification simply an admin thing, if anyone feels they may have a claim?
TIA
You have 2 years - check that in her state- to file a claim against her estate if you want to do it.
In addition, check who can inherit in that state - in a lot of states - the stepchild is a legal heir
You are at least can go for the half of the estate ( your father’ s half split between 5 siblings if they too want to file)
Just file a claim that you are an heir, it costs just a court fee.
You always could abandon that later if it is too much hassle for not much
Last edited by L00k4ward; 03-09-2024 at 07:33 PM..
I was the second wife. He left everything to me. I have given his 4 kids something. Sitting next to me is a draft of my will that list his kids as my beneficiaries.
In most cases it's the law that a spouse inherits the estate. Exceptions would be if something was spelled out in a prenup or if the spouse signs paperwork waiving the right to inherit.
But is it possible that your father left something to her with the stipulation that it be passed on to you when she dies? For example if they owned a house that had been in yours/his family for generations, it's possible he left it to her so she could remain in their home for the rest of her life, with the stipulation that she return it to your side of the family upon her death?
Also is it possible that she has no other family that could inherit her estate? Even if you don't recognize the relationship, is it possible that the court can find no other living relation closer than stepchild?
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