Will not found or executed

[Astrolink]

What is the name of your state? MN

My father revealed some information to me; I'm wondering if there is anything that can be done about it.

My Grandmother (father's mother) died in 1953. She and her 2nd husband (not my father's dad) owned a large motel they purchased during the marriage, and had other investments. The motel itself is not in existance anymore. It was torn down, and a new business was built in its place. It is an extremely valuable piece of property, being in the center of a downtown area, in a large city. Before she died, she told my father her will was in a safety deposit box. Upon her death, apparently it had to go through the court to open it, but it was empty. Her husband told my father not to worry about it, and things would be taken care of. The Steppdad then died suddenly a month later, and my father never got anything. His kids would not even give him their family heirlooms. Regretfully, my father and his siblings (all deceased except for my father), are rather passive folks, never got an attorney, or did anything about it.


First of all, is there any possibility the will can still be tracked down? Has too much time passed? The only angle I'm looking at is the company that guaranteed the title for the property when it was sold. If they guaranteed there were no liens, could they still be held responsible, even after all this time as elapsed? Granted, this is from 54 years ago, my expectations are very low, but I mostly just curious.

ANY information is appreciated.

 

[JETX]

Find the will first, that would be the easy part.

 

[Dandy Don]

Too much time has passed to try to locate the will. If it hasn't been found by now it most likely never will be found. Stepdad probably destroyed it anyway when he or his executor got access to the safety deposit box.

First thing to do is check at the county courthouse probate court to see how your grandmother's estate AND your stepdad's estate were handled--look at the entire file to see if the land is mentioned. Since the motel and most likely the property were co-owned by the stepdad, it was most likely handled during the probate for HIS estate. If there is no mention of the land in either estate, then consult a probate attorney to figure out whether there is anything you need to do to get this land probated and whether your mother's name and her heirs should have had their names added to the deed/title IF her estate had been properly probated and whether you have grounds to pursue compensation for the omission.

Have you looked at county land records, if you have an exact legal description, to see who the official owner of the land is now? An official title search/abstract/deed (showing the current legal owner) may cost a few hundred dollars but get this done only if your attorney advises you to do it.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[JETX]

Too much time has passed to try to locate the will. If it hasn't been found by now it most likely never will be found. Stepdad probably destroyed it anyway when he or his executor got access to the safety deposit box.

First thing to do is check at the county courthouse probate court to see how your grandmother's estate AND your stepdad's estate were handled--look at the entire file to see if the land is mentioned. Since the motel and most likely the property were co-owned by the stepdad, it was most likely handled during the probate for HIS estate. If there is no mention of the land in either estate, then consult a probate attorney to figure out whether there is anything you need to do to get this land probated and whether your mother's name and her heirs should have had their names added to the deed/title IF her estate had been properly probated and whether you have grounds to pursue compensation for the omission.

Have you looked at county land records, if you have an exact legal description, to see who the official owner of the land is now? An official title search/abstract/deed (showing the current legal owner) may cost a few hundred dollars but get this done only if your attorney advises you to do it.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

Dandy Dunce.... I am one of the first persons who jump your ass when your post is incorrect..... but also one to commend when someone does well.
Your post in this case is absolutely dead-on. It is accurate and on-point. Good post.

 

[Dandy Don]

I would like to amend my earlier posting--if you decide to get the abstract from a title company, it won't only show the current owners; it will also show a history of ownership from the inception of the land records. You can look at the time period from 1950 forward to see if the names you were looking for as owners are officially recorded there or not.