Trusts & Estates Law/Wills

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Question
My aunt passed away in 2011. In her will she stated that her estate should be split with half going to her daughter (L) and the other half to be split 3 ways between me, my sister, and brother.  She named her daughter as the executor and there was another gentleman from the funeral home who was helping her with the settling her mother's affairs. My brother recently called L. and she said there was nothing left after taxes, expenses, etc. How do I get a copy of the will and a statement of where the money went?  Would I contact the county clerk's office where the executor lives or the deceased?  Would this request be considered my disputing the will? There was a clause in the will that said if someone made a dispute, then that person would receive nothing.

Answer
Kay why is this just now being questioned? - some 3  years after the fact.  You are correct the county would have a copy of the will IF it was probated.  Sometimes you don't have to probate a will if no property is being transferred (or if it were held jointly and several other types of non-probatable assets).  Even with the will you need to see the inventory to see what was actually in the estate.  That is filed with the will in Texas, I don't know about your state.  

Asking good questions is not the same as contesting the will.  You are within your rights if you have reason to believe you are an heir.

I hope this helps,

David Disraeli

Trusts & Estates Law

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David Disraeli

Expertise

I can answer general questions about estate planning and trusts. I can also answer questions about estate tax reduction and advanced charitable giving, family partnerships and asset protection. I may have already answered your question here: www.lifeplanblog.com or here www.pcfo.net

Experience

I have worked for 24 years with clients and their attorneys to formulate estate plans to meet client goals. I have found many mistakes made by client attorneys and were able to have them corrected. I focus on making sure that beneficiaries are protected from current or future spouses and lawsuits so the wealth stays in the family. I have also published a book on Aging Parents which can be found on Amazon https://www.amazon.com/dp/B003VP9WTG

Organizations
President and founder of The Personal CFO Inc.

Publications
www.pcfo.net www.lifeplanblog.com

Education/Credentials
Certified Financial Planner 1994

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