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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?
Can you tell me, did the will go to probate?
Thank youSo what is your question today?
THanksI 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 finishThis 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.
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
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)
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
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.
Thank youSo 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