After death

[goodoboy]

What is the name of your state? What is the name of your state?What is the name of your state? California
The senior lady I've been with for 8 years is very close
to passing. She's added me to her deed on her house and 10 acres in Oregon with right of suvivorship. This was done to avoid probate, and simplify property transfer.
In her will, all her personal effects are left to me.
We're talking clothes, furnature, etc.
In her will, she left nothing to her estranged-adopted daughter. They've made it a point to have no contact for over 30 years.
After she passes what am I supposed to do with her will?
By that I mean, am I obligated to hire a private detective
to locate her daughter to inform her her mother named her in the will to recieve nothing?
Seems like a waste of time and money. Who do I show the will to? Court, notice in newspaper or what?

 

[I AM ALWAYS LIABLE]

What is the name of your state? What is the name of your state?What is the name of your state? California
The senior lady I've been with for 8 years is very close
to passing. She's added me to her deed on her house and 10 acres in Oregon with right of suvivorship. This was done to avoid probate, and simplify property transfer.
In her will, all her personal effects are left to me.
We're talking clothes, furnature, etc.
In her will, she left nothing to her estranged-adopted daughter. They've made it a point to have no contact for over 30 years.
After she passes what am I supposed to do with her will?
By that I mean, am I obligated to hire a private detective
to locate her daughter to inform her her mother named her in the will to recieve nothing?
Seems like a waste of time and money. Who do I show the will to? Court, notice in newspaper or what?

My response:

How old is this woman now?

How old was she when she put you on the titles to all of her various real estate properties?

How old was she when she named you as the sole beneficiary?

If you can, please state the EXACT words from the Will as to how the adopted daughter is treated; e.g., is she specifically named to be left out of the Will?

IAAL

 

[goodoboy]

Reply

She was 69 when she made me the sole person to inherit
her property. At that time she named her daughter and stated that she intentionally wanted her daughter to receive nothing. She's 76 now and placed me on her deeds
within the last month as we know she'll pass soon.

 

[I AM ALWAYS LIABLE]

She was 69 when she made me the sole person to inherit
her property. At that time she named her daughter and stated that she intentionally wanted her daughter to receive nothing. She's 76 now and placed me on her deeds
within the last month as we know she'll pass soon.

My response:

I think you had better read up on California's "Elder Abuse" law. You may be in for a bigger surprise that you've bargained for. Get some advice from a local Family law lawyer, because if the daughter catches wind of what has happened with Momma's properties, you may be for the fight of your life, and in a world of hurt - - legally speaking.

IAAL

 

[nextwife]

If my adult daughter had not spoken to me for 19 years PRIOR to drafting my will, I'd sure hope I was free to leave my assets to any charity, scholarship or individual I wished, especially if I specifically stated my intention to DISinherit her.

IAAL, did she need to state WHY she wanted to leave all to companion of X years? What language IS necessary to assure an older person their right (age 69 is by no means feeble or infirm) to have their estate distributed in accordance with their wishes? Just curious.

 

[Dandy Don]

If will was not prepared with the assistance of a probate attorney, she needs to have a probate attorney to review it to make sure the disinheritance clause is worded correctly and is ironclad so estranged daughter will have no legal grounds to contest it.

Yes, it would be reasonable to hire a private detective to get the daughter's address. A small classified legal ad will be published in the local newspaper and that is considered public notice, but if daughter doesn't live in the immediate area there is no reason to believe she would ever see it.

After the death, you take the will to court for filing for probate, but you need to decide whether you will be needing the assistance of a probate attorney to help guide you through the process and be official executor or whether YOU want to be the executor.

 

[nmandy]

Get some advice from a local Family law lawyer, because if the daughter catches wind of what has happened with Momma's properties, you may be for the fight of your life, and in a world of hurt - - legally speaking.

IAAL

Will he be though? If there are enough witnesses to testify that the daughter had no contact with her mother for a very long time, shouldn't that be enough to uphold the will? I thought nullifying a will was very difficult even if the case is strong,and here the daughter seems to have a very weak case.

 

[goodoboy]

Intentional Exclusion

This is the wording in the will:

Intentional Exclusion. The failure of this Will to provide
for any distribution of the following person(s) or
organization(s) in intentional: Tina R. XXXX, and any
children of Tina R. XXXXX.

 

[Dandy Don]

From the context of what you show, you didn't even finish the complete sentence or statement. And also it needs to mention a reason for excluding the person.