My Father died and my stepmother won't talk to me.?

Question

My father was sick for years with Alzheimer’s. I believe he had a will, but I don't know how to get a copy of it. He told me he was going to leave his stocks to me. The probate court has no record of his estate yet.

How can I get a copy of his will? How can I find out who the executor of his will is?

Answer 1

While your father's wife will most likely have first dibs on his estate, if he had a will then the terms of that will must be honored.  Wills are in the public record and must be run through Probate Court.  Your stepmother cannot take possession of anything that was solely in your father's name until then.  However, if various accounts (including the ones holding his investments) were in joint title then she can drag her feet because she already has access to them.

I'm sorry this situation is turning out adversarial for you - distributing assets after a death often does and it is so sad.  Depending on where you live, there will be a time limit for how quickly the will must be executed.  Either the court, or your father's executor, is obliged to present all beneficiaries with a copy of the will.  If the court does not yet have a record of its processing, you might consider hiring a Private Investigator to actually figure out who the executor is.

Answer 2

Contrary to what many said here,  many wills DO NOT have to be run through probate.  My estate is set up so it will not go thru probate.

You will need to contact an attorney to track down any wills.

There s a good chance his stocks had to be sold to pay for his alzheimer's care.  My father's care cost almost $5000 a month for the last year.

Answer 3

If I was you I would hirer an attorney to handle what you believe is your in your dad's will if your stepmother is not coperating.  You have every right to get what he left for you.  Let the attorney do all the investigations this will lessen the drama between you and your stepmother.  Good luck to you and Godbless sorry for your loss!

Answer 4

ur question has nothing to do with ur additional details.

Answer 5

You have to figure out who his lawyer was.  If you can't do anything else, get your own lawyer, and subpoena his records.  The lawyer will know what to do.

Do you actually suspect that she is holding out on you?  Maybe the stocks were sold to cover medical expenses.  Maybe she got him, without his really understanding it, to sign a new will (then there is the question of sound mind, etc.)

Answer 6

if he had a lawyer or accountant, that would be a place to start.  Otherwise if the executor of the will did their job, they had to file with the court to probate the will..../

Answer 7

My deepest sympathy.  Even though he had Alzheimer's your father's passing must have been a shock.  

I do suggest you contact a lawyer, or the probate court to help you find a lawyer.  Unless they find a will that specifically states that you are to get nothing, as his child you are entitled to part of his estate.  And if they do find a will, it may state that you get even more.  

Best of luck to you.

Answer 8

The beauty of step parents, but as others have posted best bet is to retain legal representation, but without knowing all the facts, esp. how long they have been together you maybe shocked to find everything in the end was left to the step mother, unfortunate but a very common happening  

Answer 9

hmm... I cant say much but maybe you should start calling a lawyer??? Call the courts and ask them if he had a will. They should know.

Good luck, Maybe your stepmom is mad because you get the stocks?

Answer 10

Legally, if you are in the will they lawyers will send you a copy ( at least here in Canada).  These things take time, and if you are mentioned you will get your share.  My grandfather's estate took almost 2 years to be finalized before his 6 children were to receive their share of what was left after the house sold, the bonds and investments matured, etc.  

My father was the Executor of the Estate along with his sister and it was a long a grisly process ( especially since my step grandmother did some illegal things after he died, and just before, he also had Alzheimer's).  He worked very hard to make sure everyone got what they were entitled to, and worked closely with a Lawyer.  He did not get the thanks he deserved for his hard work in the matter.

Your Stepmother may just be grieving and not want to deal with it right now.... try to be patient, when people die all sorts of h**l breaks loose over money... it's sad really, people forget that some need more time then others to get over things....

You will get what he wanted you to have in the end, that's what the will is for.

Answer 11

If you know who the lawyer was who drew up the will, you can ask him or her if s/he has a copy. That may not help if there is evidence he destroyed his will, or if the will was signed before he married your stepmother (marriage voids a prior will).

You can petition the court to be appointed the administrator, unless you are under 18. See a local estate lawyer. Your stepmother can oppose it. You will have to notify her of the filing if she has not assented in writing to your appointment.

In most states, if your father died without a valid will, unless the estate is under a small value, the estate is divided between the widow and the surviving children.