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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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I was just wondering if someone can give me some information

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Hi I was just wondering if someone can give me some information about a will or some possible possibility that could happen from this week. What to expect to come.? My mom and my stepfather had gotten married years ago about 20 years ago and had a will made I was told. In Islamorada Florida where they had a trailer but also had a house that was your main house in Manitowoc Wisconsin. My stepfather did not have any ex-wife or children he has one sister that's older than he is probably about 10 years older and he has I niece in a couple of cousins all of them in which are in their late 50s and I was told has quite a bit of money. So I was always told from my mother and stepfather that they were going to leave me their house which is only now in Manitowoc Wisconsin. All his money and whatever assets that are in the house minus baby a small amount of money that was left to his niece. Then into thousand 10 by mother passed away from lung cancer. She also had $35,000 from my mom's mother house that she wanted to give me and stepfather said not until he passes away. Which I understand perfectly my stepfather is pretty wealthy and has a lot of nice cars and house. Even after my mother passed away my stepfather and I became even closer as far as icy and he said to he always love me. But he had his sister become The Sesser of the well I don't think it was a will and trust but it was a will set up through an attorney in Florida. It was done right about when they first got married 20 something years ago. I know my step father left his sister in charge of the will to make sure it goes out correctly to me and his niece and maybe a couple little things to someone else. His sister and cousins are older like I said in very wealthy and my step father always told me they don't want his house being that they live in California and he has his house in Manitowoc Wisconsin. He said he was not going to leave any of his other family except for one younger niece some small amount of money my stepfather and I have the same hobbies he's into old street rod cars and has about five of them and the house where I'm from in the city of Illinois he was originally from two and I have family there so he was going to leave me everything. So now my step father passes away for days before Thanksgiving 2015 his sister that I was not very close to but we were very nice and talk to and his sister's daughter all of a sudden told me not to contact them ever again and to leave them alone. But they told me I was like family to them many times after my mom passed in 2010 I even have text from them saying that. And text saying that I'm no longer to call them or talk to them or they will sue me. This put up a red flag to me thinking they wanted something out of his will and they were trying to ditch me. I eventually got contacted recently a few days ago from an attorney in Manitowoc Wisconsin that is someone I guess starting the legal procedures for my stepfather's will. He told me he's mailing out information to me about the will for me because I am one of the beneficiaries and I have to sign it and mail it back to him. I did mention to him or ask him if there was really anything that I'm getting he said as far as he knows just a little bit meeting his or my stepfather's sister just a few days before I heard anything from the attorney. He told me that everything will go to probate court and eventually both likely the house and assets will be auctioned or sold off whatever amount of time and distributed to have her it should be on the will. And I mentioned to him that supposedly I was the only one for the most part it was supposed to get everything is sister was only executive of the will or something like that she might not of been executive of the bill I don't know if that's the same thing as no I was told she was the executive of the wheel just to send out the information. But I don't have a copy of the will and I'm wondering if I should be able to get one. And I think she's trying to possibly get the house or to sell it in his money which I was told it should go to me originally. I've never been through anything like this before is there anything that I can do not to upset her or anyone else or make things worse for me. But just to protect myself of not losing my mother and stepfather's house he wanted me to have it to keep in the family a much younger I'm only 40 to wear his family's already almost 60. I was wondering am I going to have a problem getting anything if I'm even on the will because I my stepson and my mom passed away before he did will that change anything in the will even if you did not re-do the will because I was told it was the original will still? I heard that because there's money that he has it's natural for her to go to probate court but because this attorney told me things may just get sold off or auction and he didn't say that I would get anything I think when I asked him he thought it might be some kind of insurance policy for life insurance from him for me as well as a small amount of money which what it might've been from my mother. But isn't there a way I can keep them from selling the house and where I could obtain it I was told everything should go to me and that's what you wanted for me is what I was told like I said I also have text recently that I saved that is from his sister and daughter of his sister saying leave us alone. I was wondering if I should get a lawyer and try to contest this or just wait and see what happens because is this a natural process. Question sorry for the long book I wrote anyone please help me thank you so much I don't know what to do.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

You as a beneficiary should be able to request a copy of the will from the executor. Also when probate is opened, the will is filed with the court so you could also call the court clerk in the county that the estate is in probate and ascertain their process for requesting the will. At probate this becomes a public document and you should be able to request it. It also might be filed online on the court website. If you were specifically left the house in the will then the executor should not be selling that asset. The executor only has the power to do what the will instrument gives him. They cannot take anything from you that is specifically left to you although the estate must pay taxes and expenses and then distributions are made to the beneficiaries. If you are worried about your rights in this and you think you are due significant assets, I would hire a local wills and trusts attorney. You can go to martindale.com or lawyers.com and search for attorneys by specialty with reviews in your area and make a choice based off that. Probate can be very complicated and retaining an attorney can protect your rights greatly.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated by the site for my time.

Expert:  Christopher B, Esq replied 11 months ago.

Just following up, do you have any further questions?

Expert:  Christopher B, Esq replied 11 months ago.

I see you reviewed my answer, please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. I want you to be satisfied so I will continue to answer any questions you may have and I thank you in advance for completing this extra step as it will not cost you any additional money.

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