No Spouse, No chldren. Next of Kin doesnt know if there was a will? What to do?

[rentalblind]

Who was "Grandmother's brother's" attorney? He would possibly have a copy of the will.

Don't know he was very private about that and honestly I would have never asked, we dont' really know the details exactly but it looks like we are going to have to contest this or put a caveat on it and stop it in the surrogate court and have it probated in Superior court I guess. I called the niece because I wanted to know if my gm could have a painting, before I could even ask she accused my uncle of stealing a book and coins from his room. I asked her if he did in fact leave a will and she said yes and that he left everything to me (her) because I took care of him. This may be true but we want to see when the will was dated because in March, I called him on behalf of my grandmother and before I put her on the line I asked him how he was doing and if needed help to let us know, he said that she (the niece) was supposed to come over once a day etc. and that she rarely showed up. She did however, get hospice in to care for him for the last two months , , while he may have wanted to leave her something for helping, I find it hard to believe he would cut everyone off and leave everything to her.


So we need to at least determine if the will is valid. IF it looks good and makes sense, I will back off. Something seemed wrong from the get go and her demeanor on the phone today proved that. BTW, she was happy to give me the painting because I asked and didn't try to steal it. LOL. My uncle did not steal anything, Noone was alone in the man's room at any time. There was always one or two people together.

 

[justalayman]

a will means NOTHING unless it is presented to probate and validated. The directives in the will are meaningless unless the will is presented to the court.

That is why you go and open probate and ask the court to demand the production of the claimed will. Either she turns it over or denies its existence. If she turns it over, they you go from there. If she denies its existence, you go from there.

 

[curb1]

And, do this immediately. The longer this festers, the worse it will get.

 

[rentalblind]

And, do this immediately. The longer this festers, the worse it will get.

thank you so much lay and curb. If it wasnt for the phone call I made earlier today, I would have been hesistant to do all this, but i lost all apprehension after hearing her tirade. Let those chips fall were they may! I'll come back periodically and let you know what happens if your intersted!

 

[justalayman]

I'll come back periodically and let you know what happens if your intersted!

follow ups are great.