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Coleen Hoffmeister
Coleen Hoffmeister, Legal Assistant
Category: Legal
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Experience:  23 years in legal experience.
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WILL QUESTION

Customer Question

If i was included in a will and the person passed on, but the family wasnt aware i was put in the will, what is the procedure? Do i have to be present to resolve everything?
Submitted: 11 years ago.
Category: Legal
Expert:  Coleen Hoffmeister replied 11 years ago.
If you are included in the will, the will has to be available for the family to know, so I am confused.

Find out who is the administrator of the estate, an attorney or a family member. If it is a large estate there will be an estate opened in probate court. If you are a relative or are in the will, the administrator or executor will attempt to locate you, but if you are not in the area, you will need to contact them. All they have to do is make a "diligent" search for anyone mentioned in the will or a relative. If they cannot find you, then it is your responsibility.

NO, you don't have to be present. Most of this can be done by mail.

If I haven't made myself clear, please let me know how else I can help.

Coleen Hoffmeister, Legal Assistant
Category: Legal
Satisfied Customers: 34
Experience: 23 years in legal experience.
Coleen Hoffmeister and 4 other Legal Specialists are ready to help you
Customer: replied 11 years ago.
Reply to Coleen Hoffmeister's Post: Heres a little more detail, but i do appreciate your response..its helpful.
I was seeing this girl and her family wasnt too happy about it. Long story short, her dad passed away and left everythign to her. Their is real estate, business, cash and basically around 6+ million in assets. Its a sad story, but when she passed away from diabetes she did include me in the will. I did speak to someone a couple years later that told me everythign was put on hold because i wasnt there. The family was very very upset to say the least, so im thinking the attorney has "tried to find me" but im not available or something. There is a family attorney, but i was told hes been in the family for their whole life and would do what he could to help them.
Ive been speakign to someone that knows them, but doesnt have alot of info either.
But she does know it is in probate now and not much has been done. The person did pass away almost 3 years back. I know this may seem strange or sad, but does any make sense?
Any suggestions?   I have sent the desposit and am new to this site, but let me know what to do and ill do it.
Thanks
Customer: replied 11 years ago.
Reply to Coleen Hoffmeister's Post: Heres a little more detail, but i do appreciate your response..its helpful.
> I was seeing this girl and her family wasnt too happy about it. Long story short, her dad passed away and left everythign to her. Their is real estate, business, cash and basically around 6+ million in assets. Its a sad story, but when she passed away from diabetes she did include me in the will. I did speak to someone a couple years later that told me everythign was put on hold because i wasnt there. The family was very very upset to say the least, so im thinking the attorney has "tried to find me" but im not available or something. There is a family attorney, but i was told hes been in the family for their whole life and would do what he could to help them.
> Ive been speakign to someone that knows them, but doesnt have alot of info either.
> But she does know it is in probate now and not much has been done. The person did pass away almost 3 years back. I know this may seem strange or sad, but does any make sense?
> Any suggestions?   I have sent the desposit and am new to this site, but let me know what to do and ill do it.
> Thanks
>
> please just let me know what to do on the site
Expert:  Coleen Hoffmeister replied 11 years ago.
3 years is a long time or a probate estate to be open, but not unusual if there are a lot of assets.

The only leg you have to stand on is what is in black and white if you are not related to the deceased by marriage. I.e., your "girlfriend" died and left you some of her "dad's" estate. The lineage isn't there.

The attorney only has the responsibility to find you with "due diligence." If he/she cannot find you in a certain amount of time, the rest of the proceeds that should go to you through the will can be divided among the rest of the living heirs after a specific time set by the court.

If the living heirs contest this portion of the will, it will be up to the court to decided whether you should profit from this will or not. No one can say which way a judge will look upon a situation like this.

You should make your whereabouts known immediately to the attorney who is handling the will or stand the chance of losing out on what your girlfriend wanted you to have altogether. If you don't make haste right away, you may already be out.

It will not be an easy task. Most "blood" families tear each other apart during the estate process, it will be quite difficult with someone who is outside the family, no matter how close you and your girlfriend were or how long you were together.

I hope the best for you.

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