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  1. #1
    Join Date
    Jul 2010
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    2

    Default Estate Assets Disposed of in Conflict with Expressed Wishes

    My late wife did not get along with her father and rarely saw him in the last years of his life.

    His will left his estate equally to his daughters, one of whom was given power of attorney. His home was transferred into her name to protect it in the event of a prolonged illness. It, along with antiques in the home, were his largest assets (total value of the real estate and antiques was about 150k). There was a small amount of cash (70-80k).

    After his death the daughter who was executor never probated the will and maintains that there were no assets.

    A number of times during the last years of his life, her father expressed to me personally that he intended for both daughters to share and share alike in his estate. Is there anything that can be done to address this matter? My son, as executor of his mother's estate is wondering how to proceed against his grandfather's estate and/or executor on behalf of his mother's estate.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Estate Assets Disposed of in Conflict with Expressed Wishes

    If your late wife's father transferred his home to somebody else during his lifetime, it wasn't part of his estate.

    As for everything that was part of his estate, whatever his stated intention might have been, his last valid, unrevoked will would be what a probate court would follow.

    You didn't follow the instruction to identify your state, but normally your son would be able to open an estate for his grandfather, make a claim against the estate on behalf of his mother's estate, and ask the court to order his aunt to produce the will and account for the assets of the estate. He would likely benefit from working with a probate lawyer.

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