response to probate

[Farfalla]

Technical question here.

If a person opens probate and there exists a will. Do all the heirs/potential heirs need to be notified? Or do they only need to notify those who are listed in the will?

My assumption is that example that if FIL's will does not list his children that they still need to be notified. One reason coming to mind is that there might be assets that are not covered by the will.

 

[Dandy Don]

Of course ALL potential heirs should be notified so they can decide whether they wish to exercise the option of contesting the will or not if they have been excluded.

 

[Farfalla]

Of course ALL potential heirs should be notified so they can decide whether they wish to exercise the option of contesting the will or not if they have been excluded.

So you are saying that it should be done or that it is required by law?

 

[seniorjudge]

So you are saying that it should be done or that it is required by law?

It is required by law, although not for the reason the other poster gave.

 

[BlondiePB]

The case was filed about a week ago. The attorney was a bit slow getting out of the starting gate. The attorney felt that it was best to go to probate and not include her in the list of interested parties. That puts her in the position of having to prove that she’s wife. So far she’s submitted a will but no proof of marriage or of a divorce between MIL & FIL. Attorney will now ask her for proof of marriage and for proof that a divorce exists between MIL and FIL.

I find it interesting she knows that MIL is claiming to be the legal wife. MIL is listed as the wife in the probate filing. This woman produced a will within 3 days of her daughter getting notice of probate. Yet she has not produced any proof of marriage to FIL or proof of FIL’s divorcing MIL. The next few days will be interesting.

We believe that FIL married this woman in her home country. So she probably can produce a marriage certificate. But there is no divorce from MIL. MIL has never been party to a divorce. IRS, Social Security, the military and the VA have been searching for a divorce in every place FIL lived. They have yet to find one. We have been searching too and have not found one.

Before the relationship with this current woman, FIL entered into 2 or 3 other bigamous marriages. Each time he lied when he signed the marriage application either not listing the marriage to MIL or on one occasion listing a non-existent divorce. MIL found out about those and contacted the women. The women than kicked FIL out and got annulments. So there is a pattern for this behavior. MIL has the court papers for all of those cases. Each time FIL disappeared, running from prosecution.

There are other strange things… for example the other woman (OT) has been using the name and birth date of FIL’s eldest daughter by MIL. Why? Probably to circumvent immigration and get military benefits when they first met.

MIL also has legal documents that FIL signed more recently acknowledging that he and MIL are still married. And when he signed each of them he would tell her and other family members that she just needed to get a divorce. Unfortunately FIL would immediately disappear after this.

OMG, what a mess.

 

[Farfalla]

OMG, what a mess.

Oh and there's a lot more to this mess than I've written here. It's amazing the mess one man can cause.

I guess it just goes to show ya that being born with a silver spoon does not make a person 'better' in any way.

Can you see why MIL wants this mess set straight? She wants to make sure that nothing comes back to haunt her later. For example if the other woman is still using his credit cards, etc. There could be all kinds of implications if his affairs are not cleaned up.