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dcrowell · May 29, 2010, 06:47 PM

My mom just died less than 2 weeks ago, I am 1 of 5 kids. My brother and sister are both executors of her will(which I have not been allowed to see), anyway they are already negotiating between themselves who gets which of the 3 cars(1 of them doesn't run), there is 3 houses and a total of 50 aceres not to mention a lot of personal effects and moneys involved. Now I understood mom to say the land will get sold. My sister and her hubby along with my brother and his wife are already making plans and negotiating without including the rest of us in the process. 1st can they do this? When I try to ask my brother for example did mom include the cars in the will as to who gets which one and his answer is not exactly... my brother in laws answer was the will is vague, my sister just says keep your mouth shouth and stay out of it or I will get an attorney, does this mean that they are hiding things from the rest of us? Now I am the 1 they want the non running car to go that is a 1985, to which they each get a practically new runninng one for themselves. They want to also divide the land and such, can they legally keep the others out and descide for us if it's not itemized in moms will? I only want to be involved and get my rightful share and make sure moms wishes are followed.

cdad · May 29, 2010, 06:54 PM

All of this should be on the table and open. If you or anyone mentioned in the will there should be a reading of the will. With all parties mentioned present when it is read. The other thing is there might be taxes due etc. It sounds like they don't have a clue what they are doing by trying to hide things. If they stay on this path then hire a lawyer to represent your interests.

Fr_Chuck · May 29, 2010, 06:58 PM

You need to hire a attorney to represent you ( and other family members if there are)

They are to follow the will, and if no will, follow the laws of the state as to the division of property, there needs to be an inventory of the property and filed with the probate court.

Explain, that yes an attorney needs to be hired, that you will be glad to hire yours, demand to see the will

dcrowell · May 29, 2010, 07:01 PM

Thank you for your quick response. Now will a reading of the will take place in the lawyers office or do I need to request it. Your right they as well as I have never done this sort of thing before.

dcrowell · May 29, 2010, 07:03 PM

Does the lawyer automatically send a copy of the will to all parties? The 2 executors already have theirs?

cdad · May 29, 2010, 07:07 PM

Mostly the reading of the will takes place and then distribution can take place and they should be in charge of it. And yes you get a copy.

Fr_Chuck · May 29, 2010, 07:10 PM

It will depend on the court, often there is not a "reading" of the will, but it is filed at the court house ( should have already been) and then it is public, then the executor though the court notifies all the heirs, a public notice in the newspaper is made notifying any parties that may have claims.

Once they file it, ( they can't do anything till it is filed in court legally) you can review it all at the court

AK lawyer · May 29, 2010, 10:14 PM

Originally Posted by califdadof3

... there should be a reading of the will. With all parties mentioned present when it is read. ...

Because that's what's always done on TV and in the movies?

As far as I know, a "reading of the will" is merely a literary device and there is no legal requirement anywhere for such a ceremony. If there is a will it has to be admitted to probate (a court proceeding) and when that is done you have the right to go to the courthouse and ask to see it.

Chances are that the will doesn't go into details such as who gets what car. Normally each devisee (person who gets something under the will) is given a percentage of the value of the gross estate. If you are not being treated fairly you, through your attorney, can contest the proposed disposition.

cdad · May 30, 2010, 08:02 AM

Originally Posted by AK lawyer

Because that's what's always done on TV and in the movies?

As far as I know, a "reading of the will" is merely a literary device and there is no legal requirement anywhere for such a ceremony. If there is a will it has to be admitted to probate (a court proceeding) and when that is done you have the right to go to the courthouse and ask to see it.

Chances are that the will doesn't go into details such as who gets what car. Normally each devisee (person who gets something under the will) is given a percentage of the value of the gross estate. If you are not being treated fairly you, through your attorney, can contest the proposed disposition.

Maybe it differs by state and by design. When one of my relatives passed the lawyer handling it was notified and there was a reading with all parties there. At that meeting we all received copies and then was told what the next steps that were going to take place. It could also be a situational thing too. And vary by who is handling the estate.