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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33715
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My sister and i have not talked in a couple years. my mom passed

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my sister and i have not talked in a couple years. my mom passed away in 2010 and my sister was her executor. they were best friends... my mom passed and sister got her house and everything in it, her car, her money, everythign. i asked for a blanket or somehting to remember her by and i was told everything was given to goodwill. she refused to show me the will. i havent talked to her in a couple years because of it. now, i suddenly get a call from my mom's brother, my uncle. he says that my grandpa died...in january. he said he called to find me because it wasnt right i was left out. he made my sister executor of grandpas estate, as he lives in oregon and its too hard for him to travel with his business, and that my sister had stolen from the estate and is not being right. they had a big estate sale and sold all of his things. grandpa was a vet, air force, had a home but it was reverse mortgage. my sister told everyone in the family i was a heroine junky living under a bridge and couldnt be found so she just totally didn't include me in grandpas estate. he was dying with out a will so my sister and uncle did one for him. uncle says my sister has abused her authority. uncle tells me not to worry about grandpas estate, but that the real money was with his mother's estate, totaling 200,000 wich was left to the five kids. but since my mom was one of the five and dead, my sister and i would recieve her portion of great grandmas estate. uncle said he was goin to hihire a private investigator to find me and his wife thought of facebook and bam, there i was. super easy to find. in fact my sister blocked me a couple years ago and knew exactly where and how to find me all along. i think my grandpa had life ins policy and vet pay, etch. he had money. i think i am being ripped off. my uncle kept saying to forget grandpas but worry about great grandmas. he forwarded my contact infor to my aunts attny. my questions are as follow...1.my sister never notified me of my moms insurance or will. refused to let me see them. do i have a right to see them and how do i go about getting her to share those, or where do i go to get them? 2.my sister did not notify me of my grandfathers passing, i swasnt even givn a chance to go to his funeral let alone help with his giant estate sale.they all got to keep his belongings and made money on the rest. this was done in january according to my uncle. am i due some of the estate? how do i get insurance and will copies so i can protect what;s rightfully mine? 3. is my sister in trouble for not notifying me as a beneficiary? i didnt find out of his passing till three months later. i truly believe the only reason uncle contacted me was because they cant get great grandmas money until i sign off. but what about grandpas estate? my sister lied saying i was unreachable and no one bothered to notify me.im heartbroken. what do i do, and being a small estate not going through probate whats the law say about what my sister did? does she owe me and can she be in trouble? Please help me. i dont know where to turn. ive spent holidays alone for years because of fmy sister. i need justice with this. thanks for listenning
Submitted: 8 months ago.
Category: Estate Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question. .1.my sister never notified me of my moms insurance or will. refused to let me see them. do i have a right to see them and how do i go about getting her to share those, or where do i go to get them? .Insurance is not part of a person's estate and goes to whoever is specifically named as beneficiary. So if it was you, then sister couldn't have claimed the money. If it was her, then the money goes directly to her from the insurer. You would have to find out who the insurer was and contact them to see if you were the named beneficiary or not..As for the will, sister would have to have filed a probate case in the local probate court in the county where mother lived. Those are public records so you can get a copy of the file, including any will that was filed for probate, from the clerk..2.my sister did not notify me of my grandfathers passing, i swasnt even givn a chance to go to his funeral let alone help with his giant estate sale.they all got to keep his belongings and made money on the rest. this was done in january according to my uncle. am i due some of the estate?.If grandfather left you something in his will, then yes, you would be entitled to inherit. If he didn't leave you as a direct beneficiary then you wouldn't. If he left everything to his children, one of them being your mother, and mother left everything to sister, then it all goes to sister..3. is my sister in trouble for not notifying me as a beneficiary? .If you were listed in a will as a beneficiary, then yes she could be in trouble with the court. But any share of the estate that might have been left to you would still have to be sitting in an account somewhere because she can't legally claim something that was left to you...thanksBarrister
Customer: replied 8 months ago.
so do you think i need to hire an attny or what should i do from here? do i ask my uncle for the name of my aunts attny and insurance company or just wait and see if i get notified by him? do i send a letter requesting copies of my grandpa and moms wills to my sister? how do i start this?
Customer: replied 8 months ago.
or just contact the public records for a copy? its said to be a small estate, so would the recorders office have probate records ? i did a search online and couldnt find anything with my grandfather or moms names at the county.
Customer: replied 8 months ago.
if my sister needs to be held accountable for not notifiying me as an heir, how do i go about getting her held accountable for this?
Customer: replied 8 months ago.
should i ask uncle and sister or stop talking to them about this all together and seek answers from the court, etc?
Expert:  Barrister replied 8 months ago.
If a probate case has been filed, the first thing that happens is the will gets admitted to probate. So you can contact the court to see if a case has been filed in the deceased's name and then get a copy of the case file, including any will..The case would be at the probate court, not the recorder's office, they record deeds. And the case would be listed in the name of mom or grandparent..If you are an heir, and sister didn't notify you as required by law, you can file a motion for contempt of court if the case is still open. If you are an heir, then it couldn't be closed until your inheritance was distributed or turned over to the state unclaimed property division. But the judges are usually pretty good about forcing an executor to prove that they did a diligent search for the person, up to hiring a private investigator to search before the judge would allow the case to be closed and the remaining inheritance turned over to the state for safekeeping....thanksBarrister
Customer: replied 8 months ago.
my uncle did not attempt to find me, nor did my sister, until three months after grandpas death. they knew how to find me, but didnt bother. my uncle says he was going to hire one, but then thought of facebook and i was on his wifes facebook all along. but this was three months later, once they found out about great grandmothers money.
my sister blocked me years ago on facebook and knew exactly how to find me but still has not tried and made up lies to keep me away from my entire family. so i dont feel she did anything to notify me or find me. do you agree, and should i try and pursue this?
Customer: replied 8 months ago.
everything was left to the kids of my grandpa...mom being dead, my sis and i were supposed to share her portion. so the estate sale proceeds should have been split with me... since they werent, isn't she required to share? and how do i enforce that, by filing a petition with the court or by asking her directly with a letter quoting the ca codes??
Customer: replied 8 months ago.
she has done so much wrong to me that i feel totally betrayed and dont want her to get away with this. not telling me of my grandpas death when all she had to do was click the friend button on facebook and i would have been there is wrong to me. it hurts. she shouldnt get away with this. and the only reason i was contacted was because they couldnt get paid until i was found. death is awful and i feel sad that family falls apart from it. but i want justice after being cut out of my moms will. i know my mom had insurance and stocks, so i will start with the probate court to get info .... even if its a small estate there are still probate forms filed correct???
Customer: replied 8 months ago.
do you suggest i demand my portion and info from my family or just avoid them and do the work on my own to get justice?
Expert:  Barrister replied 8 months ago.
everything was left to the kids of my grandpa...mom being dead, my sis and i were supposed to share her portion. so the estate sale proceeds should have been split with me... since they werent, isn't she required to share?.No, not if mother left everything to sister. As I said earlier, anything that was left to mom would pass through her estate to whoever she left as a beneficiary, which is sister (if mother actually did that), i know my mom had insurance and stocks, so i will start with the probate court to get info .... even if its a small estate there are still probate forms filed correct???.And as I also said earlier, insurance goes directly to the named beneficiary, it is not part of the estate. Stocks would be, but again, if mother left everything to sister, then those go to her as well..But yes, as I mentioned, all the documents will be in any probate case files listed in mother's and grandfather's name...I am kind of getting the impression that you aren't actually reading what I am explaining here...As for notifying you, if you weren't listed as a beneficiary under any will, the executor has no legal duty to notify you, even though you are family. They should, but they aren't obligated to do so..So you need to do your research into the probate case files first before you take any action with regard to the family because if things are how you state here, it may be that you aren't a beneficiary under either estate...thanksBarrister
Customer: replied 8 months ago.
okay, so my mom died in 2010. totally separate from grandpas will. totally separate from great grandmas will, which read that upon grandpas death the money would go to my mom and her 4 siblings. so what you are saying is that now anything that happens after my moms death goes through her will, even though it has nothing to do with the other two wills?
Expert:  Barrister replied 8 months ago.
That is entirely correct. Anything that was left to mother by anyone would go into her estate, and then down through her estate to whoever she left her estate to.. So based on your comments, that would be sister because mother omitted you from her will (according to you)...thanksBarrister

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