Can someone please explain to me how wills and probate ect.. works after death?

Question

To shorten this. My Fiancé passed away in April. We were together for 5 yrs. He passed away from cancer. Ok how does the will work. If someone leaves you things/money or whatever how do you see to get that? I just do not understand this whole process I am 29 and never thought I would plan a funeral and deal with this at 29 yrs old, thanks for the help.

Answer 1

Sorry for your loss. Do you have the will? If not, you need to locate it. The probate court needs an original signed will to begin the probate process. Plus, the will itself should name the "executor" of the estate, who is the person responsible for filing probate and distributing the assets of the estate. If you are named as a beneficiary, the executor is legally obligated to notify you. If you have heard nothing since April, you should contact your fiancé's family and ask about the distribution of his estate.

Are you sure a will exists? It's entirely possible a young person had no will (died "intestate"), in which case the intestacy laws of your state specify the distribution of the estate. Generally speaking, as a fiancée, you will get nothing in this case and the estate will go to next of kin.

Answer 2

Well of course you need a lawyer! But if it is in writing and notarized you are legally entitled to whatever it may be whether it is ten cents or ten million. We just had to lay my mother n law to rest but i do know you have a 90 days grievance period.

Answer 3

you were never married? yikes! it`s gonna be rough getting that money honey. I suggest you get a lawyer fast.  

Answer 4

I'm so sorry for your loss, but you will get through this one step at a time.  There is no hurry just take your time.

1. Do you have a copy of the will?  Did he have a will?   If not, your fiance's entire estate will go to his next of kin under the law (children, parents, siblings, etc.).  Since you were never married, you are a "stranger" under law and do not qualify as nexr of kin.

2. Get yourself a probate attorney if you have the will and are a/the named beneficiary.