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?

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Originally Posted by Lindac425

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?

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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=Lindac425;3227108]

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Originally Posted by JudyKayTee

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]

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[QUOTE=Lindac425;3227108]

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Originally Posted by JudyKayTee

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]

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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;3227112]Prior to entry into a nursing home due to leg amputations We were told by an attorney. No will was necessary

[QUOTE=Lindac425;3227124]

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Originally Posted by Lindac425

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

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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?

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Originally Posted by ScottGem

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?

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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?

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Originally Posted by Lindac425

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?

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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,

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Originally Posted by JudyKayTee

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

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

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Originally Posted by Lindac425

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

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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.

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Originally Posted by Fr_Chuck

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,

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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

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Originally Posted by Lindac425

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

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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.

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Originally Posted by JudyKayTee

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.

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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 ............"

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Originally Posted by JudyKayTee

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.

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

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Originally Posted by Lindac425

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 ............"

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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.