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Here is my situation. My grandmother’s will listed my dad as…

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Hi,Here is my situation. My...
Hi,Here is my situation. My grandmother’s will listed my dad as an heir, however, he passed at age 38 before my grandmother. The will is terms as “Per Capita and not Per Stirpes”, therefore it appears my brother and I will not get his portion of the inheritance. We we’re initially promised by my uncle, the executor, we would get his portion. We are now being told we will get nothing. My uncle says it is because “we hurt his feelings” by questioning certain aspects of expenses and distribution of money that had been given to other family with rather shady documentation. My brother and I were not even notified of the initial probation of the will. My uncle sold timber off the property and distributed money to the surviving aunts and uncles because, as the executor says “to repay money to them for property taxes.” My brother and I question this distribution, as well as, other expenditures on the estate. There has been two executors, both my uncles. The initial executor says “ they burned and/or destroyed any records they had been keeping up with prior to my other uncle taking over the estate as the second executor. The current executor also says that his records “burned in a house fire.” The fire damage was very minimal and didn’t do enough damage to destroy any records. The estate financial records have several missing check numbers that seem rather shady. The only way we even found out that the money from the sale of timber was mentioned by another uncle that was given money from the timber sale. This uncle passed away about 2 years ago and cannot he questioned about this money and why he was “repayed” money that he had no idea why it was even given to him. This uncle was like a second “daddy” to me, after my fathers untimely death at age 38 in 1986.The estate attorney told us we have no stake whatsoever besides an organ and a book shelf that was listed, by name, to my mom and dad. We never received neither the book shelf or the organ as they mysteriously disappeared. This appears to be the only chance we have to receive anything from the estate and now appears we do not get this heirloom either.I could actually have cared less either way until we were completely blotted out of the will because my brother and mother questioned them about the disbursement of money and the disappearance of the organ and bookshelf. We are being treated as if my father was never even born.We will be going to Superior Court but we can’t afford an attorney of our own. My question is, how do we approach and proceed in superior court without and attorney to plead our case and cause? I know that there had to be some sort of algorithms and phrases to plead our case without being “shot down” immediately by their very experienced attorney. Also, what legal precedents do we have as far as trying to recover the book shelf and organ that “no one knows what/where/when they were removed from the estate.” Do we have the right to be compensated for those items that someone else took, even though they were listed by name for us to receive?
Submitted: 5 months ago.Category: Estate Law
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Answered in 10 minutes by:
11/17/2017
Estate Lawyer: Barrister, Attorney replied 5 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,070
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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My uncle says it is because “we hurt his feelings” by questioning certain aspects of expenses and distribution of money that had been given to other family with rather shady documentation.

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Unfortunately what uncle said isn't really relevant because the will controls what happens to the estate and the executor doesn't have any legal authority to deviate from the directives in the will. So if it says per capita, then only living heirs in a particular class inherit.

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My brother and I were not even notified of the initial probation of the will.

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Since you would not stand to inherit, the executor wouldn't have a legal duty to notify you.

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My question is, how do we approach and proceed in superior court without and attorney to plead our case and cause?

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You would only need to file a motion with the court to have your request heard for what your parents were left in the will. But if the executor says that the bookshelf and organ are not in the estate, and there is no proof of where they are, then the judge will just ask them if they have them or know who does. When he says no, the judge will look at you and say he can't order them to return something that they don't have and unless you have proof of where the items are, then they must have gone missing prior to the deceased passing.

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I understand it is incredibly frustrating, but probate tends to bring out the worst in some people.. I just don't want to see you spend a lot of time or money pursuing something that is going to turn out how I mentioned above..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

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thanks

Barrister

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Category: Estate Law
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