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Estate lawyers : beneficiaries of a will not bring notified of anything six months after death.

fuzzybabybunny

fuzzybabybunny

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My aunt died of pancreatic cancer half a year ago. She told her side of the family before she died that they were included in her will and even instructed them to give her their updated contact info so her lawyer had it.

Her surviving husband, however, pretty much hates her side of the family. He won't tell us who their lawyer is.

Six months after her death, no one on her side of the family has been notified of anything. I'm assuming that they don't have a will that went to probate, since probate requires beneficiary notification within three months of death.

Other types of wills don't have any such time requirements unless specifically stated on the will, so does that mean if no time limit is stated that notification can be held off indefinitely?

Without the name of the husband's lawyer, how do we see the will? Is it even possible?

They have no children, but she said she had things in her will to give to her brothers, sisters, neices, nephews, etc. So far, six months later, no one has been notified of anything.

We believe the husband, who doesn't like her side of the family, is simply choosing to not notify anyone.

They reside in Washington state.
 
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The beneficiaries of her side of the family should see a probate lawyer
 
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Stupid question - but... I mean... regardless of whatever a will says... Doesn't all ownership immediately transition to the spouse?

I could write a will that says give all my assets to my friend Bob, that doesn't matter because when I die regardless of any will, ownership immediately transitions to my spouse.

Or am I wrong here?
 
s0me0nesmind1 said:
Stupid question - but... I mean... regardless of whatever a will says... Doesn't all ownership immediately transition to the spouse?

I could write a will that says give all my assets to my friend Bob, that doesn't matter because when I die regardless of any will, ownership immediately transitions to my spouse.

Or am I wrong here?
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Nope but you can't necessarily cut her out either. There could be kids from another baby mama and they could get 1/2. Many, many YMMV depending on the state.

Irregardless, my wife gets everything. Including my AT username/password. 😉


rights of survivorship
 
s0me0nesmind1 said:
Stupid question - but... I mean... regardless of whatever a will says... Doesn't all ownership immediately transition to the spouse?

I could write a will that says give all my assets to my friend Bob, that doesn't matter because when I die regardless of any will, ownership immediately transitions to my spouse.

Or am I wrong here?
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I think ownership only defaults if no alternative arrangements are made although I think those arrangements can be modified by the court if the children are still minors (ie the parent leaves all the $$$ to a stripper and nothing for the surviving dependents)
 
Exterous said:
I think ownership only defaults if no alternative arrangements are made although I think those arrangements can be modified by the court if the children are still minors (ie the parent leaves all the $$$ to a stripper and nothing for the surviving dependents)
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In a lot of states (Community Property), the moment you get married is the moment that her shit is now owned by you - and vice versa - your shit is owned by her. And thus if you were to put something in your will to give away to someone else, I don't see how that's possible if the spouse is still alive to claim ownership.

I know this to be the case for my state (TX) and many others - obviously not all are the same... and as highland said YMMV by the state laws.

https://family.findlaw.com/marriage/what-s-mine-is-mine-what-s-yours-is-mine-who-owns-what-in.html
 
highland145 said:
Nope but you can't necessarily cut her out either. There could be kids from another baby mama and they could get 1/2. Many, many YMMV depending on the state.

Irregardless, my wife gets everything. Including my AT username/password. 😉


rights of survivorship
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I'm pretty sure my wife would be fucked if I died tomorrow as far as keeping up with finances, retirement accounts, bank account passwords, etc... 😛
 
s0me0nesmind1 said:
I'm pretty sure my wife would be fucked if I died tomorrow as far as keeping up with finances, retirement accounts, bank account passwords, etc... 😛
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Mine excels in a lot of areas and we compliment each other well. She just can't remember my ATOT pass. I've got her back. 😀
 
s0me0nesmind1 said:
In a lot of states (Community Property), the moment you get married is the moment that her shit is now owned by you - and vice versa - your shit is owned by her. And thus if you were to put something in your will to give away to someone else, I don't see how that's possible if the spouse is still alive to claim ownership.

I know this to be the case for my state (TX) and many others - obviously not all are the same... and as highland said YMMV by the state laws.

https://family.findlaw.com/marriage/what-s-mine-is-mine-what-s-yours-is-mine-who-owns-what-in.html
Click to expand...
Not necessarily correct. I just recently took an estate and will planning course, and even in Texas, it isn't what you'd expect.

Example 1: Husband (H) dies without a will. H is survived by Wife (W) and by his three children (A, B, and C). A, B, and C also are the children of W. In this case, all of the community property passes to W.

Example 2: Same as Example 1, except H is survived by a child (D) who is not also a child of W. Now, A,B,C, and D share equally in H’s one-half of the community property, and W simply keeps the one-half of the community property that she owned prior to H’s death.

To illustrate, let’s apply this rule to a community bank account with $1,000 in it. The $1,000 is distributed as follows: W: $500 (Many people incorrectly think that W gets the entire $1,000.) D: receives $500. Upon the death of W: A, B, C, and D: Each receives $125 (1/4 of $500). So D comes out ahead and gets a total of $625. Doesn't sound fair does it, but that is what is in Texas law.

Also, if a married couple keeps their property separate, then either can have a Will and give their money to whomever they choose, and their spouse will not have any control over the distribution of assets.

Once the assets become co-mingled, then the community property rules apply.
 
s0me0nesmind1 said:
In a lot of states (Community Property), the moment you get married is the moment that her shit is now owned by you - and vice versa - your shit is owned by her. And thus if you were to put something in your will to give away to someone else, I don't see how that's possible if the spouse is still alive to claim ownership.
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Depends on how the assets are acquired or if its arranged as tenancy in common. For example assets in a trust can bypass community property and savings accounts can be tenancy in common with a payable on death clause.
 
Exterous said:
Depends on how the assets are acquired or if its arranged as tenancy in common. For example assets in a trust can bypass community property and savings accounts can be tenancy in common with a payable on death clause
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Correct. There are so many rules that apply that it is almost mind boggling.
 
Cepak said:
Not necessarily correct. I just recently took an estate and will planning course, and even in Texas, it isn't what you'd expect.

Example 1: Husband (H) dies without a will. H is survived by Wife (W) and by his three children (A, B, and C). A, B, and C also are the children of W. In this case, all of the community property passes to W.

Example 2: Same as Example 1, except H is survived by a child (D) who is not also a child of W. Now, A,B,C, and D share equally in H’s one-half of the community property, and W simply keeps the one-half of the community property that she owned prior to H’s death.

To illustrate, let’s apply this rule to a community bank account with $1,000 in it. The $1,000 is distributed as follows: W: $500 (Many people incorrectly think that W gets the entire $1,000.) D: receives $500. Upon the death of W: A, B, C, and D: Each receives $125 (1/4 of $500). So D comes out ahead and gets a total of $625. Doesn't sound fair does it, but that is what is in Texas law.

Also, if a married couple keeps their property separate, then either can have a Will and give their money to whomever they choose, and their spouse will not have any control over the distribution of assets.

Once the assets become co-mingled, then the community property rules apply.
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Yeah, but thats why you don't knock up crazy bitches and shyt yo 😉
 
Guys, these replies have nothing to do with my OP.

Without the name of the husband's lawyer, how do we see the will? Is it even possible?

They have no children, but she said she had things in her will to give to her brothers, sisters, neices, nephews, etc. So far, six months later, no one has been notified of anything.

We believe the husband, who doesn't like her side of the family, is simply choosing to not notify anyone.
 
fuzzybabybunny said:
Guys, these replies have nothing to do with my OP.

Without the name of the husband's lawyer, how do we see the will? Is it even possible?

They have no children, but she said she had things in her will to give to her brothers, sisters, neices, nephews, etc. So far, six months later, no one has been notified of anything.

We believe the husband, who doesn't like her side of the family, is simply choosing to not notify anyone.
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What we are discussing is very much relevant. Maybe under laws you aren't entitled to anything under her will.

I'm sure DEFINITE relevant information that advisors here would want would be what states are involved? As in - what state did your aunt reside in when she died?
 
fuzzy, I don't think there's jack you can do if he doesn't go through probate. He can just say there isn't one and everything's mine.

edit: My Mom just re did hers via a lawyer. The lawyer certified all of the paperwork and turned it in to probate. Have you called the court to just check?
 
highland145 said:
fuzzy, I don't think there's jack you can do if he doesn't go through probate. He can just say there isn't one and everything's mine.

edit: My Mom just re did hers via a lawyer. The lawyer certified all of the paperwork and turned it in to probate. Have you called the court to just check?
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So basically a non-probated will is a piece of toilet paper? It might as well not exist and there is no requirement that anything on it needs to be followed by the executor?
 
highland145 said:
Nope but you can't necessarily cut her out either. There could be kids from another baby mama and they could get 1/2. Many, many YMMV depending on the state.

Irregardless, my wife gets everything. Including my AT username/password. 😉


rights of survivorship
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UGH

Edit: oops - I was beaten to the punch and @highland145 counter punched. I guess I could care less in the end.
 
I am not a lawyer, I would think you could file suit against the husband and the estate and force them to defend. You should be able to find the information you need during the discovery process.
 
Cepak said:
In a case like that, the only people that will win are the lawyers.
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113_mr_burns_excellent.jpg
 
s0me0nesmind1 said:
I'm pretty sure my wife would be fucked if I died tomorrow as far as keeping up with finances, retirement accounts, bank account passwords, etc... 😛
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Yeah... come to think of it, I don't think that my wife understands how Coolcoin works. Maybe I should leave those to the mods in my will 🙂
 
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