My mom passed away in Nov,09.My stepdad tells me and my brother that there wasnt a will,but my mom has told me and my brother that she had a will and we were supposed to get the house in Big Canoe(gated comm).My stepdad said him and my mother had a oral agreement that whoever dies first passes everything to the other.He waited about a week then told us he wanted us to sign a paper in front of a notary,saying we read my moms will.We werent thinking straight,and we were very vulnerable.So,I need to know if he is lying there is alot of money and property involved.
This situation requires you to immediately retain an estates attorney to protect your interests. If your mom had a will, then the only person that can act for her estate is an executor. If there is no will, then an administrator is appointed by the register of will or the court in most states. If there is no will, then her assets are distributed in accordance with the rules of intestate succession of the state in which she died. You probably have some rights to the property under this statute. As for her will, if you can find out who she used as an attorney he may have the document. Try to look through her papers or her check register for a fee paid to an attorney. But, you need to get with an estates attorney immediately.
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The best place to start is with an attorney in the county where she lived. You also can quickly call the Probate court of that County to see if anyone filed a Petition concerning her estate. You have let a lot of time pass. To protect your interests you will have to act quickly.
And property will pass to husband and children without a will.
Get a lawyer where she lived immediately.
Finding a will if you don't know where one is may or may not happen, but regardless, you need a lawyer to protect your interests. Hoppefully you didn't sign anything yet.
