Q: My mother in law recently passed. According to the Husband(father) there was no will. However, the children were told
There was a will by the mother. What can they do to find out. This is a large estate that includes a business they all work for.
A: If there was no will - then any children she may have would inherit a child's portion of her estate. If she had an attorney you can check with the attorney to see if there was a will. Someone should probate the estate - for now without a will - The estate and perhaps the heirs will need a lawyer.
Anthony M. Avery agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: In addition to Mr. Wright's response, I would add the following. Without a Probated Will, the Mother's interests in various properties will largely be determined by how she owned them. Land may go to her heirs or if held as tenants by the entirety, then the surviving spouse takes it. Bank Accounts will often go to the surviving joint tenant or a POD designated beneficiary. Annuities and life insurance also go to designated beneficiaries. Business ownership and control could be a huge problem. Without stock certificates, usually an operating agreement or by laws control, unless it was a proprietorship or partnership. Hire a competent attorney now to look into it, probably for all the children at this point (since you do not know of conflicts). Even if a Will is Probated, it may not dispose of as much of the assets as you hope, and will probably attract creditors.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
