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Please,advise about MILs estate,what to do?

Discussion in 'Family Life - Stories, Pictures & Updates' started by lil'turkeymama, Jan 20, 2011.

  1. lil'turkeymama

    lil'turkeymama Chillin' With My Peeps

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    We lost my MIL less than 2 months.Heart attack 5 years ago took her mind and her body later.Ver,very hard on hubby.He has said it seemed like we lost her 5 years ago.His sis had taken over the paying of her bills during this time.Now everything is dissapearing fast and sis acts like she don't know anything.I just don't want to see him or our childern cheated out of what was supposed to be theirs.What can we do?I know nothing about such things but i know a estate has to be probated which has not been done.Please help.I know you good folks have families and have some idea of what we should or should not do.I'm not looking to cause trouble within the family but me and hubby agree something is not right.Thanks so much and God Bless.
     
  2. herfrds

    herfrds Chillin' With My Peeps

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    First off is there a will?
    Who is in charge of making sure the will is honored?
    Did she ever write out who gets what?
    Do you know who her lawyer was?
     
  3. Mattemma

    Mattemma Overrun With Chickens

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    If there was no will(or if there was) the estate should be going through probate court. Even if sister was listed on the deed and any accounts you can still hire a lawyer to get a share.Ofcourse the lawyers will get a share too. Look at the deeds.Question the accounts by asking the banks who was listed on them.They might not talk to you.A lawyer is your best bet at this point.

    My friend had the same thing happen when her mom got sick and then died.The one sister took over all the mothers estate and took most of the money in the end.

    I had my mom list me on her house deed and bank account so when she dies I can access them.Did the same thing with dh's bank account and the car titles since they are in his name.
     
  4. HeatherLynn

    HeatherLynn Chillin' With My Peeps

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    I know my SIL had to go through the probate judge to get permission to act on her mothers behalf after death. Even though she had POA as soon as her mom died that was no longer in effect and she could not even legally pay for the funeral with her moms money until she saw the probate judge. You probably do need to get a lawyer or just have your husband start raising some questions with his sister,
     
  5. easttxchick

    easttxchick Lone Star Call Ducks

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    Not sure about the probate laws in Alabama, but here in Texas, in the event of no will, the spouse inherits everything.
    If there is no spouse, the natural heirs are to divide equally all of the contents of the Estate.
    Your DH does need to go to probate court in order to stop things from disappearing-they will put a "hold" on the estate until it can be sorted out.
    I haven't worked on probating an estate in about 8 years, but this is the best of my recollection here in Texas.
    I'm sorry for your DH's loss-death can do strange things to people-sometimes it brings out the best in families, sometimes, not so much. [​IMG]
     
  6. sunflowerenvy

    sunflowerenvy Chillin' With My Peeps

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    first at all your are only in law so u CAN NOT really do any [​IMG] but your spouse can hire a lawyer to take it to the probate court because the executor is not doing her or his job. most people have a will and it should go to probate with in 3 month after the death. so get on your horse now and get the bowl rolling
    [​IMG]
    my story MIL died about 9 yrs ago she had an executor of her will. he[is the youngest son] did not do anything until later her house went up for back taxes almost got sold for the amount of taxes until i found out. in the mean time his sister moved into the home. keep her mother name on the power n water n cable. [4 1/2 yr after death] my hubby called them to inform them that that person was no longer living. the house was started falling apart
    7 yr later my hubby hired a lawyer to get it probate.when the house became was divide up between her children names[4 3 sons and 1daughter].
    last christmas his sister got a letter in the mail for code violations 3 of them and she did not inform anyone. s in march of this year he got a letter from his youngest brother state that the city will be put a lien on the house if was not fix by a certain date [5 days from date he recieve it] he hold on that letter for 3 weeks before he sent it. so my hubby went down []we are out of state] to talk to the city and we paid for repair for now and been paiding the taxes since her dealth. his youngest brother n sister didnot want to sell the house or let my hubby into the house to see any other damage my hubby n i decide to go for partition now thur the court. we hired a lawyer. his sister is living in the house rent going 8 yrs. and we are asking for all the money that we put into the house, taxes, and gas money and motel when he drive down there if they sold the house 8 yrs ago the house was in better shape and value would been at least 300 thousand now it only worth about 80 thousand [​IMG]
    my hubby is making another trip down there next month
     
  7. lil'turkeymama

    lil'turkeymama Chillin' With My Peeps

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    May 14, 2010
    Alabama
    Thanks everyone for your kind words and replies.Its not looking like it is going to be easy to deal with this.SIL has already taken MILs car and has it for sale.There were 2 bank accounts that MIL set up soon after the first heart attack that had both of her childern on it.Now we don't know whats going on with them because SIL went and cleared out MILs apartment right after her mother passed.Found out last night that SIL has went and bought a 2005 model car for her DD who just turned 16.I just really hate that SIL is not acting fairly with this.There are 4 grandchildern,I would think selling the car and spilting it equal among the grandkids would be fair.DH is going to see a lawyer next week but I'm afraid if the stuff is already been sold or used to buy a car he'll never get the part his mother wanted him to have.I am just so upset that things would go this way.His mother always treated them fair,she even gave me her mothers ring and her DD her wedding ring years ago.I hope I'm not acting like a selfish DIL.I like to beleive I treat people fairly and teach my kids the same.I just think MILs wishes should be honored.It just seems to me the right thing to do,the last thing we could do for MIL.I'm afaird when we get a lawyer it going to cause SIL some serious trouble if she has been doing things wrong.I know I have no control over what she has done or is doing but I know I will feel bad if it comes back on her in a bad way.Sometimes I think it would be better to just let it go and forget the whole thing,let SIL do whatever she wants.But thats not the right thing to do.Thanks for reading this and letting me share.At least I know we're not the only ones to have to go though this.I'm sure things will work out somehow.
     

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