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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 33095
Experience:  12+ yrs. of experience including estate law.
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My mom died a year ago, I had lived with her past 12 years

Customer Question

My mom died a year ago, I had lived with her for the past 12 years with my daughter. She has property that was given to her through and inheritance as well as shares from a local telephone company. Here is where things get touchy. She is/was still married to my dad however he abandoned us 15 years ago and moved to Alaska. I live in Wi. Is he entitled to anything that she has left behind with an estranged marriage. My mother had heart surgery about 8 years ago and she filled out a advanced directive at the hospital in which everything was to be mine. I tried numerous times to get the paper work from the hospital but they will only give it to her spouse. And my dad wont get it because he knows its my name that's on the will as the beneficiary and he would be left with what he left my mother and I when he left us. Nothing. What are my options to obtaining the will, keep him in Alaska and keep him away from my mothers stuff. Thank you
Submitted: 8 months ago.
Category: Estate Law
Expert:  P. Simmons replied 8 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpI am sorry for your loss. Can you tell me, did mom leave a will?
Customer: replied 8 months ago.
hello again, there is no will that im aware of. She had wrote out an advanced directive when she was in the hospital a couple years ago when she had heart surgery. I tried to obtain it from them but the wouldnt release it to me.
Expert:  P. Simmons replied 8 months ago.
Thank you. Can you tell me, what state did mom live in at the time she passed?
Customer: replied 8 months ago.
She had lived the past 16 years in WI with me. My dad packed his belongings up 14 years ago. They just never divorced because of health insurance reasons. My dad was openly in a relationship with another woman since the time he left us.
Expert:  P. Simmons replied 8 months ago.
Thanks
But I am confused. You talk about "getting the will" but when I asked about a will, you state there is no will. Can you tell me, is there a will?
Customer: replied 8 months ago.
Is an advanced directive considered a will?
Expert:  P. Simmons replied 8 months ago.
No. And advanced directive is considered a "power of attorney". Not the same as a will. So if mom did not have a will? Then she is said to be "intestate". In such a case, the state of WI makes the rules on how the estate is divided. Under WI law, if a person dies and is survived by a spouse? They (the spouse) inherit all of the property. This is true even if they are "estranged" (not living together)SO if dad is still alive? He gets all the stuff. The law is clear on this. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that dad does not inherit but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Expert:  P. Simmons replied 8 months ago.
Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.Please rate the answer so I may receive credit
Thanks for your understanding
Phil

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