But it will get expensive in legal fees.
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Do I have the legal right to see my deceased fathers Will?
- Thread starter davans
- Start date
My father had a will, living trust, medical power of attorney and a general power of attorney.
His will stated in black and white that if any person mentioned in his will contested it, that that person would be treated as if he or she did not exist. In other words, if you contest it you get nothing period.
Medical power of attorney and general power of attorney did not go into effect until a medical doctor had deemed my father unable to make his own medical and financial decisions. His medical doctor referenced the legal statement in his will and trust on a letter with his office's letterhead and then notarized it. This placed me in charge of his medical and financial decisions.
Living trust meant his estate did not have to go through probate and endure those costs and time it takes.
There is no requirement to file his will with anyone.
One thing I did learn was from his bank while he was living. The both of us sat down with the bank manager and I wanted to ensure she had copies of his documents. After reviewing my father's will and trust she tells me that the wishes in those documents do not reflect what was in her computer system. The bank manager stated that if my father were to die this day she would have to carry out the directions in her computer system when he set up his bank accounts and it did not matter what the will and trust said. He had to sign other documents to make changes to her system making the will and trust match.
You may be able to get a copy of the will from the attorney's office that drew it up or go to the office and read the copy they have on file at the office.
His will stated in black and white that if any person mentioned in his will contested it, that that person would be treated as if he or she did not exist. In other words, if you contest it you get nothing period.
Medical power of attorney and general power of attorney did not go into effect until a medical doctor had deemed my father unable to make his own medical and financial decisions. His medical doctor referenced the legal statement in his will and trust on a letter with his office's letterhead and then notarized it. This placed me in charge of his medical and financial decisions.
Living trust meant his estate did not have to go through probate and endure those costs and time it takes.
There is no requirement to file his will with anyone.
One thing I did learn was from his bank while he was living. The both of us sat down with the bank manager and I wanted to ensure she had copies of his documents. After reviewing my father's will and trust she tells me that the wishes in those documents do not reflect what was in her computer system. The bank manager stated that if my father were to die this day she would have to carry out the directions in her computer system when he set up his bank accounts and it did not matter what the will and trust said. He had to sign other documents to make changes to her system making the will and trust match.
You may be able to get a copy of the will from the attorney's office that drew it up or go to the office and read the copy they have on file at the office.
You’re exactly right. My wife was the executor of her Dad’s Will and he had in his that if any of the brother or sisters contested it they would receive $1.00 and that’s it.
My stepdaughter's father died in Florida and he had always told her he had set money aside for her. He died and the woman he was married to told her she was not in the will for anything. This was his only child so hard to believe she gets nothing. The woman told my daughter all his money went to pay medical bills which he did have. She has not been able to get a copy of the will. My daughter decided to move on and not go through all the legal crap to get a copy of the will. She decided to let karma take care of this woman.
UPDATE,
Traveled to the court house today. She did have the deed amended in 2016 to have the Right to Survivorship added.
15 years after his accident resulting in brain damage. He was nowhere close to being competent to make that decision in the eyes of those that knew him and I know for a fact he would have never done it with a clear body and mind. But I suppose the lawyers and witnesses felt otherwise.
I’m not sure that it’s worth pursuing at this point. I still may ask for a copy of the Will but I doubt she will provide one.
Folks, make sure your house is in order with your Will.
I’ll be doing mine very soon.
Traveled to the court house today. She did have the deed amended in 2016 to have the Right to Survivorship added.
15 years after his accident resulting in brain damage. He was nowhere close to being competent to make that decision in the eyes of those that knew him and I know for a fact he would have never done it with a clear body and mind. But I suppose the lawyers and witnesses felt otherwise.
I’m not sure that it’s worth pursuing at this point. I still may ask for a copy of the Will but I doubt she will provide one.
Folks, make sure your house is in order with your Will.
I’ll be doing mine very soon.
It doesn't matter what the witnesses and lawyers think, it matters what the courts say. I sat on a jury where the same thing happened and we listened to a bunch of doctors testimonies for almost a week and we ruled in favor of the 2 sons trying to get their Mom's property. Their lawyer eat the 2 sisters lawyers up on the witness stand cause he knowingly change the will just because of money paid to him.
OCGA 53-5-5: "A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered."
So, if she has your father's will, she is required by law to file it with the local probate court. Doesn't mean she has to probate it; but at a minimum, she has to file it with the court. Once filed, its public record and anyone can see it.
If she chooses to probate the will, she is required to give you a copy of the probate petition and a copy of the will.
Questions--you call me.
So, if she has your father's will, she is required by law to file it with the local probate court. Doesn't mean she has to probate it; but at a minimum, she has to file it with the court. Once filed, its public record and anyone can see it.
If she chooses to probate the will, she is required to give you a copy of the probate petition and a copy of the will.
Questions--you call me.
I’ve followed this thread closely and have learned a good deal.
OP, thanks for starting this conversation. I hope things work out and you get some closure. Your father’s true wishes should be fulfilled.
Thanks to everyone who contributed something of value to this thread.
There’s a lot to be learned here.
OP, thanks for starting this conversation. I hope things work out and you get some closure. Your father’s true wishes should be fulfilled.
Thanks to everyone who contributed something of value to this thread.
There’s a lot to be learned here.
A few other things I learned during my father's journey. If you are of sound mind and you have a bunch of crap packed in your home, storage facilities, garages and out buildings then start now with purging that stuff you have not looked at from 6 months to 50yrs or more. Get rid of it! When you die it is a burden on family that is left behind to then do what you should have done. My father had 40yrs of "stuff" in his home and shed. I had asked him for about 8yrs to get rid of things and he never did so it became my problem when his dementia and Parkinsons got to bad for him to do anything.
Don't place your sons and daughters on the titles of your homes thinking you are doing them a favor and making it easier for them after your death. What you are doing is ensuring they are responsible for half of the taxes that are due when the home is sold. I hired an Enrolled Agent tax expert to handle my father's taxes and that was her many years of experience advice for me.
Make sure you carefully choose the person that will make your financial and medical decisions for you. Make sure your Medical and General Power of Attorneys contain the clause stating "A medical doctor must determine you are unable to make medical and financial decisions for yourself". I was thankful to have these documents for my father. If I did not have them I would have been forced to take my dad in front of a judge and prove to the judge he could not make those decisions for himself. These documents allow the person you designate to make all medical and financial decisions for you as if it were you.
Ensure you place in your legal documents who you specifically want to get anything you leave behind. Give specific written direction to whomever is your Executor. Keep this up to date at all times. I personally would do a Living Trust so my family does NOT have to go through the probate process and the expense.
Don't place your sons and daughters on the titles of your homes thinking you are doing them a favor and making it easier for them after your death. What you are doing is ensuring they are responsible for half of the taxes that are due when the home is sold. I hired an Enrolled Agent tax expert to handle my father's taxes and that was her many years of experience advice for me.
Make sure you carefully choose the person that will make your financial and medical decisions for you. Make sure your Medical and General Power of Attorneys contain the clause stating "A medical doctor must determine you are unable to make medical and financial decisions for yourself". I was thankful to have these documents for my father. If I did not have them I would have been forced to take my dad in front of a judge and prove to the judge he could not make those decisions for himself. These documents allow the person you designate to make all medical and financial decisions for you as if it were you.
Ensure you place in your legal documents who you specifically want to get anything you leave behind. Give specific written direction to whomever is your Executor. Keep this up to date at all times. I personally would do a Living Trust so my family does NOT have to go through the probate process and the expense.
