Can’t find Will of Former Husband (inheritance, states, years)

[WorldKlas]

Sorry if this is in the wrong forum, but don’t know where to put it and I figured we in this forum know something about wills and trusts.

I was executor of my late husband’s estate. It was a simple will, not a turst. It didn’t have to be probated. He specifically left funds to some family members and anything not named in the will was left to me. Now I’ve been contacted by a land attorney because my late/former (I remarried) husband has an inheritance that wasn’t claimed. This isn’t a scam because I actually am aware of this asset and just totally forgot about it. I have no interest in acquiring any assets but would certainly claim them and pass on to his adult children (because I love them dearly.). However wondering what to do if I cannot find the will. He died 25 years ago.

[PAhippo]

Estate laws vary. I've never heard of a will not having to be probated with or without a trust. But I've dealt with wills in only 3 states.


I would ask the attorney what to do in that case.

[rjm1cc]

Yes you need an attorney. My assumption would be one licensed in the state you past husband was a resident of and one that practices in the field.

The intestate laws of that state might leave the entire asset to you so you would not need the will.

From your post I assume the will was not filed with the probate court. If it was i would see if they still have the files.

I would also try the attorney who wrote the will if you can find that firm.

As an alternative just tell your story to the person holding the asset and see if they can transfer it to you.

[selhars]

I'm confused was he already your former husband when he died?...or you then-husband when he died.

Late husband and former are not necessarily the same.

[Threestep2]

Did those who received funds also receive a copy of the will?

[WorldKlas]

He passed away 25 years ago while we were married. The attorney who prepared his will is deceased

[WorldKlas]

Originally Posted by Threestep2

Did those who received funds also receive a copy of the will?

He left his mother funds and each of our kids. But I didn’t give a copy of the will to anyone. We had a reading of the will.

[L00k4ward]

Originally Posted by WorldKlas

Sorry if this is in the wrong forum, but don’t know where to put it and I figured we in this forum know something about wills and trusts.

I was executor of my late husband’s estate. It was a simple will, not a turst. It didn’t have to be probated. He specifically left funds to some family members and anything not named in the will was left to me. Now I’ve been contacted by a land attorney because my late/former (I remarried) husband has an inheritance that wasn’t claimed. This isn’t a scam because I actually am aware of this asset and just totally forgot about it. I have no interest in acquiring any assets but would certainly claim them and pass on to his adult children (because I love them dearly.). However wondering what to do if I cannot find the will. He died 25 years ago.

Just tell it to his adult children ( it isn’t clear it is just his or both of yours kids) so they inherit and you don’t need to spend the money.
It is your intention anyway, right?

It would simplify everything. They/their lawyer may ask you to write a letter that you disclaim that land.
Give them his death certificate
Who paid the taxes? It may not worth much if there is a lien?

[MI-Roger]

Originally Posted by PAhippo

Estate laws vary. I've never heard of a will not having to be probated with or without a trust. But I've dealt with wills in only 3 states.

Michigan has a No Probate Required rule for financially insolvent estates. No requirement for a Court Approved Executor for insolvent estates either.

But as an Attorney you likely would never see an Insolvent Estate. Why would a family hire an Attorney when there are no assets to be distribted?