I have an uncle who died in 1999..i want to find out if he had a will? How do i find out if he had one? ?
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my mother and her two siblings inherited property as a undivided estate. my mother's brother was married to his first wife and had three girls with her.then he re-married several years later to a woman who had two boys of her own with a previous marriage.they moved on to the said property together. In 1991, my uncle signed a paper selling his said portion to the second wife for $10.00 at 33.3% interest.In 1992, she divorced him. When they divorced in 1992, they remained living together until 1999 when my uncle passed away from a brain tumor.Then his second wife remained living on the property, within the last 9 years since my uncle's death, his second wife had contracted sucrose's of the liver, and had been very ill.she had wrote a will out giving the share of property to her two boys and only two of my uncle's daughter's. She died in September, in august she had changed the will, and no one knows what it say's. Does this give her legal right to will the property to anyone she chooses, without my mother and aunts consent? and can i protest it? If she willed the property to her two boys that are not legal descendants of the family?
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Answer:
First, get a lawyer, with or without a will. This should have been taken care of long ago. Your mother and her two siblings each owned 1/3. Your Uncle sold his 1/3 to the 2nd wife. Now, depending on state law, he might still legally own a community property share, unless during the divorce he mentioned the land and it all went to her. If this is true and he did have a will, then that person would own the 1/2 of the 1/3. She now owns the 1/2 of the 1/3 and whoever his closest relative is, would own the other 1/2. The 2nd wife can will it to anyone she chooses, even the man in the moon. She doesn't need permission to do this. What needs to happen now is that all three parties agree on which 1/3 is theirs and be done with it, if it turns out to be cut and dry. So you see how complicated this can be if it's a community property state, and there was a divorce and there might be a will. I'd get a copy of the divorce decree and his will, from the county where they occurred.
kimmiesm... at Yahoo! Answers Visit the source
Other answers
In the United States, Wills are generally found at the county level at probate court. If a Will does exist, check with the county court house where your uncle lived. To really know what your family's rights are regarding your uncle's property, consult with an attorney. To learn more about Wills & Testaments, check out this article by Donna Przecha at Genealogy.com - http://www.genealogy.com/46_donna.html
Liv
Unfortunately your uncle didn't leave any papers saying his children would be his beneficiaries. If she was legally married to your uncle she is automatically his heir ( unless he left a will). When she dies her kids are her legal heirs. It sucks, this is not the first case I have heard like this. But, that is why papers talk and everyone should always leave things in writing. Don't wait until tomorrow. The only thing left is to see if you can get a lawyer to do something. Let this be an example of why you never should leave things til tomorrow.
Jenni
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