My mother died 4 yrs ago & left everything to my sister. Since I refused to contest the will my father just passed away and left everything to me. My sister is causing mega trouble feels she was cheated blah blah blah! I suspect things are pretty even and would love to shut her up any suggestions?

My mother died 4 yrs ago & left everything to my sister. Since I refused to contest the will my father just passed away and left everything to me. My sister is causing mega trouble feels she was cheated blah blah blah! I suspect things are pretty even and would love to shut her up any suggestions?


Where you are and how your father's Will was worded are big factors here.

Probate Court, of course, has the final say.

What EXACTLY does your father's Will say?

[QUOTE=JudyKayTee;3227054]Where you are and how your father's Will was worded are big factors here.

Probate Court, of course, has the final say.

What EXACTLY does your father's Will say?[/my mother in Ohio said I disinherit Linda. My father in NC turned over all bank accts and namedleft me soleabout beneficaryQUOTE]

[QUOTE=JudyKayTee;3227054]Where you are and how your father's Will was worded are big factors here.

Probate Court, of course, has the final say.

What EXACTLY does your father's Will say?[/my mother in Ohio said I disinherit Linda. My father in NC turned over all bank accts and namedleft me soleabout beneficaryQUOTE]

[QUOTE=JudyKayTee;3227054]Where you are and how your father's Will was worded are big factors here.

Probate Court, of course, has the final say.

What EXACTLY does your father's Will say?[/my mother in Ohio said I disinherit Linda. My father in NC turned over all bank accts and namedleft me soleabout beneficaryQUOTE]


As long as your father's Will mentioned your sister so the Court knows she wasn't forgotten, you're okay.

It's Wills that are "silent" about people that become problematical.

[QUOTE=Lindac425;3227108]

Prior to entry into a nursing home due to leg amputations We were told by an attorney. No will was necessary

[QUOTE=Lindac425;3227112]

Prior to entry into a nursing home due to leg amputations We were told by an attorney. No will was necessary

How were his assets distributed? No Will?

Anyway, you can check Probate Court and find out what your sister received.

If he added you to all of the bank accounts and added you to the deed. Then it goes to you

If there is no will and you are not on the accounts, it will have to be divided. So no will may really be a mistake

[QUOTE=JudyKayTee;3227125][QUOTE=Lindac425;3227124]

How were his assets distributed? No Will?

He had a fairly large amt of money that was put. Solely in my name, a smaller acct that was joint him OR me with right of suviorship that I paid his bills with and several small insurance. Policies that I was named sole beneficiary. He also made numerous attempts to sit down with my mother and "Split everything even" however my sister wouldn't allow that.

Anything in your name or held jointly passes to you outside the estate. Same thing with insurance policies with a named beneficiary.

So it would seem there is little in the estate for sis to go after.

Bottom line here is there is a will. If sister doesn't like it, then let her hire an attorney to challenge the will.

Why do you need to know what mom left her?

Anything in your name or held jointly passes to you outside the estate. Same thing with insurance policies with a named beneficiary.

So it would seem there is little in the estate for sis to go after.

Bottom line here is there is a will. If sister doesn't like it, then let her hire an attorney to challenge the will.

Why do you need to know what mom left her?
He turned everything over to me 5 yrs ago when he entered the nsg home (due to iphysical. Disabilities ) He wanted to draw up a joint will but Mom (& sis) wouldn't have it. If he would have died first.he intended to be fair (as he always was & they. Knew that ) But mom died first revealing a 13 y/o will completely. Disinheriting me. He was upset, and decided. To do the same. Now sis is pissed/ claims mom didn't really have any $/ and is complaining to the entire. Family that I cheated her. If I knew what Mom really gave her that would end it. I honestly feel it's probably about equal (divorce. 15 yrs ago 50/50 split ) and if sis got more. I DON'T CARE!! What reasons would Probate require to release that info?

He turned everything over to me 5 yrs ago when he entered the nsg home (due to iphysical. disabilities ) He wanted to draw up a joint will but Mom (& sis) wouldn't have it. If he would have died first.he intended to be fair (as he always was & they. knew that ) But mom died first revealing a 13 y/o will completely. disinheriting me. He was upset, and decided. to do the same. Now sis is pissed/ claims mom didn't really have any $/ and is complaining to the entire. family that I cheated her. If I knew what Mom really gave her that would end it. I honestly feel it's probally about equal (divorce. 15 yrs ago 50/50 split ) and if sis got more. I DON'T CARE!!!!!!!!!!!!!!!!! What reasons would Probate require to release that info?


Because you would have had to be notified in most States -

If there was no will, and if she claims there should be one, she can file a claim against the estate. You ( or your attorney) will need to prove there was no need for an estate, that all assets were transferred legally prior to his death. You were added property to housou or car as joint owners where you became sole owner at death, or was completely transferred to you at death. You were joint owner of all bank accounts, not just POA.
They can ask the court to verify this was done correctly and legally,

Because you would have had to be notified in most States -

Are you saying that I am entitled. To at least know. What her assets /estate consisted of even if I was named as disinherited?

Are you saying that I am entitled. to at least know. what her assets /estate consisted of even if I was named as disinherited?


Where are you? In my State - NY - people who would be entitled to inherit by State Law are provided copies of the Will and given the chance to protest before the Will is admitted to probate and eventually closed.

If there was no will, and if she claims there should be one, she can file a claim against the estate. you ( or your attorney) will need to prove there was no need for an estate, that all assets were transfered legally prior to his death. You were added property to housou or car as joint owners where you became sole owner at death, or was completely transfered to you at death. You were joint owner of all bank accounts, not just POA.
They can ask the court to verify this was done correctly and legally,

No worries there / no house, no car, cash in my acct X 5 yrs / I'm sole beneficiary for life insurance policies / 1 joint acct w suviorship. I don't think she can legally touch 1 penny and I 'm not interested in fighting for any of her $ I just want proof that basically. Things were equal

Are you saying that I am entitled. to at least know. what her assets /estate consisted of even if I was named as disinherited?


No, you're entitled to know what the Will said. Of course, any specific assets will be included in the Will but you are not entitled to see any financial records.

Where are you? In my State - NY - people who would be entitled to inherit by State Law are provided copies of the Will and given the chance to protest before the Will is admitted to probate and eventually closed.

I'm in NC, mother & sister lived in mother's. Home in Ohio. Sister claimed no will/ knowing. If I was disinherited. On mom's. She would not get half of dad's. I never received anything from her or probate court. Just called probate court the other day / found. Out sister lied... there was a will which they emailed. To me but no details. Just I leave everything to "MY BELOVED CHILD ............"

No, you're entitled to know what the Will said. Of course, any specific assets will be included in the Will but you are not entitled to see any financial records.

Specific. Asset's. Were not listed just all properties. Assets etc either in possession. Or acquired. Very general / secretive.

I'm in NC, mother & sister lived in mother's. home in Ohio. Sister claimed no will/ knowing. if I was disinherited. on mom's. she would not get half of dad's. I never recieved anything from her or probate court. Just called probate court the other day / found. out sister lied ...there was a will which they emailed. to me but no details. Just I leave everything to "MY BELOVED CHILD ............"


I don't know how far you want to take this or you need me - or someone - to look into Ohio law BUT in many States you cannot simply not mention a child. For example, the wording would be, "I make no arrangements for my son, Atila the Hun, because he is the sole beneficiary of my life insurance policy with the Daffy Duck Life Insurance Company." In the words, "for reasons he understands" were being set aside because the child said, "No, I don't understand."

If the Will does not mention you (is silent) an argument can be made that the Will is legally insufficient OR that your forgot you OR there were other arrangements for you. I work in nursing homes a couple of times a year because one child or the other is simply not mentioned in the Will.

My personal experience was that my late husband left me his entire estate, all the legal language. It also very specifically stated that he left insurance policies for each of his children (by name) with X company in the face amount of X, Policy #X.

There was no question that he provided well for his children and did not forget them when he wrote his Will.

I don't know how far you want to take this or you need me - or someone - to look into Ohio law BUT in many States you cannot simply not mention a child. For example, the wording would be, "I make no arrangements for my son, Atila the Hun, because he is the sole beneficiary of my life insurance policy with the Daffy Duck Life Insurance Company." In the words, "for reasons he understands" were being set aside because the child said, "No, I don't understand."

If the Will does not mention you (is silent) an argument can be made that the Will is legally insufficient OR that your forgot you OR there were other arrangements for you. I work in nursing homes a couple of times a year because one child or the other is simply not mentioned in the Will.

My personal experience was that my late husband left me his entire estate, all the legal language. It also very specifically stated that he left insurance policies for each of his children (by name) with X company in the face amount of X, Policy #X.

There was no question that he provided well for his children and did not forget them when he wrote his Will.

No after my mother stated I leave everything to MY BELOVED CHILD**ANN. H. SMITH. She said I COMPLETELY. DISINHERIT ***LINDA B JONES. As I stated earlier I DO NOT WANT TO CONTEST HER WILL NOR DO I CARE IF HER BELOVED CHILD. MY SISTER GOT MORE. I just want to prove that she wasn't cheated so she will quit all the drama!!

I'm in NC, mother & sister lived in mother's. home in Ohio. Sister claimed no will/ knowing. if I was disinherited. on mom's. she would not get half of dad's. I never recieved anything from her or probate court. Just called probate court the other day / found. out sister lied ...there was a will which they emailed. to me but no details. Just I leave everything to "MY BELOVED CHILD ............"

See, if there was no will, then you would have been entitled to an equal share of the estate among all siblings and their surviving children. OH law states that if there is no surviving spouse (since they were divorced dad didn't inherit) then the estate is divided equally among the siblings. If a sibling predeceased then their share goes to their offspring.

If the will was probated you should be able to get the probate records.

No after my mother stated I leave everything to MY BELOVED CHILD**ANN. H. SMITH. She said I COMPLETELY. DISINHERIT ***LINDA B JONES. As I stated earlier I DO NOT WANT TO CONTEST HER WILL NOR DO I CARE IF HER BELOVED CHILD. MY SISTER GOT MORE. I just want to prove that she wasn't cheated so she will quit all the drama!!!


So she did mention you by name and did disinherit you by naame.

Please don't type in caps - it's the same as screaming at me and I've nothing to deserve your wrath.

With this type of family dynamic why does it matter "who got more"? She's not going to quit the drama and you owe her no explanation - nor does she owe one to you.

Now that I've tried to help and been at the receiving end of your anger someone else can research Ohio law. I'm out.

You show her what you got at the same instant she shows you what she got?
I don't see how you will get the actual numbers otherwise.
I personally would let her rant and rave elsewhere.

So she did mention you by name and did disinherit you by naame.

Please don't type in caps - it's the same as screaming at me and I've nothing to deserve your wrath.

With this type of family dynamic why does it matter "who got more"? She's not going to quit the drama and you owe her no explanation - nor does she owe one to you.

Now that I've tried to help and been at the receiving end of your anger someone else can research Ohio law. I'm out.

Sorry I was highlighting not screaming because there's so much verbage. Thanks 4 your help have a great. Rest of the day! Linda

You show her what you got at the same instant she shows you what she got?
I don't see how you will geyt the actual numbers otherwise.
I personally would let her rant and rave elsewhere.

Thanks... my guess is she'll. Probably not want to disclose that info but that says. It all doesn't. It??

.

See, if there was no will, then you would have been entitled to an equal share of the estate among all siblings and their surviving children. OH law states that if there is no surviving spouse (since they were divorced dad didn't inherit) then the estate is divided equally among the siblings. If a sibling predeceased then their share goes to their offspring.

If the will was probated you should be able to get the probate records.

Thanks. I'll try wish me luck!