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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33095
Experience:  16 yrs. of experience including family law.
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I have a question and have searched answer but dead end

Customer Question

I have a question and have searched for the answer but dead end after dead end.
Ok.. Soo my wife lived almost her whole life thinking she was adopted, with a recent death to her sister by adoption, has found out that, her adopted father was actually her biological father, whom adopted her to give her his last name and soo she wouldn't have many problems getting the things left to her in the will. At the funeral her biological mother took her back home with no right and she stayed by her side from the age of 8 to 29 just finding out that her biological mother took from her everything in the will. With the will explaining how it was to be locked down until the minor was of full age, and upon her demise, her children get what was left unused. Is there guidelines against a left of this nature. And what resources should I point out to my wife to get her in the right direction. Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma. But not sure I understand.

Your wife's mom did not follow the terms of the will? Is that accurate?

Did the will go through probate?

Customer: replied 1 year ago.
It says several different things, but there were bank accounts that are linked only to my wife and her father. Her biological father had an affair with her biological mother and she was conceived, well, her father was a married man, soo, she was born with a different name and then adopted to make it look like something different then what it was. Which entitled her to have of everything that came from the estate as which the will states. The will does not say anything except that the minor's portion would be locked down until adulthood. Well at the funeral of her father, her biological mother showed up and illegally took possession of my wife and left with her. Ultimately receiving all of her assesses. From oil property's, a home which she sold, and several interest bearing accounts and ira's. How would it be legal for a bank to allow acces to such funds if the will stated that it was to be locked and not touched.
Expert:  P. Simmons replied 1 year ago.

Can you tell me, did the will go to probate?

Customer: replied 1 year ago.
It says something about a probate, but it isn't clear
Expert:  P. Simmons replied 1 year ago.

Thank you

So what is your question today?

Customer: replied 1 year ago.
If there is any leg that she stands on in which to either prosecute, sue, or find the people whom are liable for releasing such things that ultimately was illegally disbursed
Expert:  P. Simmons replied 1 year ago.

THanks

I will type up this in "chat mode"...so you can see as I type. Feel free to ask questions along the way and I will address as I finish

This depends on if there was a probate or not and IF the probate was conducted properly...

So the first step is to determine if the estate went through probate.

Lets back up...

Probate is the formal process used to determine how the estate of a person who has died is divided. It is administered by the court (in the Parish where the person lived). Probate is overseen by a person (called the executor or administrator) who is responsible to the court to accurately carry out the wishes of the person who passed.

Expert:  P. Simmons replied 1 year ago.

For the case you describe, the first step is to go to the Parish court and determine if there was a probate and if so when and who conducted it

Expert:  P. Simmons replied 1 year ago.

There is no statute of limitations on probate....so if no one has started the process, your spouse can do so (she can open probate herself and begin the process to divide the will)

Expert:  P. Simmons replied 1 year ago.

If probate is done? Then the next question will be who did the probate and did they follow the terms of the will...

If her mom was the one who conducted the probate and she did not follow the terms of the will? That is, she purposely did not preserve your spouses share but kept it for herself? in such a case your spouse could sue her to recover the money/property that was taken from her

Expert:  P. Simmons replied 1 year ago.

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.

Customer: replied 1 year ago.
The will has been divided already, but her problem is, is the final wishes of her we're not carried out. She received nothing as part of the will, and they removed all assets before the time of her adulthood
Expert:  P. Simmons replied 1 year ago.

Thank you

So she needs to go to court to see who was responsible for the dividing of the will...if that person did not follow the terms of the will, your spouse can sue them to recover the money/property she lost

Expert:  P. Simmons replied 1 year ago.

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.

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