Estate distribution dilemma - family frozen out

[seeeker]

Hi,
My uncle died in late 2005. He was a very successful artist and director. He painted and sold maritime paintings for thousands of $$$. In 1961 he won an Oscar for a film he wrote and directed. I am also an illustrator, and have inherited his genes as a flaky, emotional artist.

In 1991 he was married until a divorce in the late 90's. Because he was notoriously unorganized with is finances and lifestyle, he had nowhere to go; thus he remained in residence with his estranged ex-wife from roughly 1998 until his death. He had no children, only a brother (my father) and two nephews (one is me)

He wrote a will in 1992 that gave her virtually everything. My brother and I each got 1%. We got none of his artwork, effects, nothing, not even the Oscar. I have no idea on earth how he wrote such a will, other than he was careless about his affairs.

I have written two very sincere letters to his ex-wife the situation from our perspective, explaining my relationship to him, how much he meant to me, how it is very difficult to accept as we are his biological family. And we would appreciate if she could part with a few things, especially the Oscar. It is very important that something remains in his biological family that we can celebrate and share with our children/grandchildren. As of now I have nothing, she has everything.

I got no real replies to the letters, only a brief statment from her attorney offering to effectively sell me a painting for my 1%. That's harsh.

I am beyond upset, I am shocked and disappointed that she can be sooooo cold and selfish, hoarding everything. This has been a great life lesson, how with legal and family matters people can be so cold and mean. Evidently she feels that because she put up with him and supported him financailly after their divorce, she has the right to recoup that by selling his work. Fine.

I understand I have virtually no legal ground, as she is the executor.

My last desperate appeal I believe is to contact her family. She has a son who is a doctor in New York, I am hoping he is reasonable, to win him over. Lastly, call her and make an impassioned, sincere, polite case. I do not expect her to be reasonable whatsoever.

This whole situation disgusts and saddens me, it is so hurtful and cold.

My question is, what are my options? What would be the best way to appeal to her or her son directly? My father recommended calling her attorney to see what they say, but I don't see where that would get me.

It's like my uncle has been erased from existence, us left with nothing to remember him. Meanwhile she, who seemed to be so fed up with him, has everything, presumably to sell off to the public. She seems unwilling to part with anything. I must call her and/or her son to find out directly though.

Any advice would be greatly appreciated.
thank you

[Mr. Knowitall]

The will was probated when and in what state? Is the estate now closed?

[seeeker]

Rhode Island, I don't know if it is "closed" or not, but the probate has taken place. I know I don't have any legal ground, nor the money or energy for that, it's more of a personal appeal to them.

[Mr. Knowitall]

Decide what you want to do, then ask your questions.

If you had notice of the court proceedings and chose to do nothing, with the estate now closed, you probably have no remaining remedy. If you wish to try to verify that the will remained valid, or to contest its provisions, I suggest consulting with a Rhode Island lawyer who handles contested estates.

[seeeker]

At the time of the probate (I think September/October of this year) I was not in the position to participate or contest much. I live in London, and the estate is in Rhode Island. My father, the deceased's brother, was by default dealing with the correspondence with their attorneys.

Unfortunately they had a difficult relationship and my father was not very savvy in managing this situation. On the one hand he is very suspicious of her motives, with much circumstantial evidence, on the other hand he is old and cannot be bothered.

Had I known she would actively hoard everything and deny his biolgical family any inclusion in my Unfcle's legacy, I might have investigated our options further.

I would certainly believe that there is potential that the will is invalid. I assume the only thing that matters is hard evidence, and I don't have any.

They were estranged though living together, she was unstable, called my father to take him away, it was bizarre. Now of course she wins everythng though. It's very harsh. I can't afford $$$ on a shaky case.

I have phoned and written a letter to the son, I expect no reply. How can people be so ice cold? Especially to his family?