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Started By
Message
Question about wills. Explain it to me like I’m five.
Posted on 1/27/25 at 6:25 pm
Posted on 1/27/25 at 6:25 pm
I (fortunately) have never been in a position where I’ve had experience with wills, so I’m not familiar with what’s typical. We have an attorney lined up, but I just don’t want to go into this completely clueless. I want to get my stupid questions out of the way now.
I know it’s not required for an executor to notify beneficiaries that they have been removed from a will, but as I understand it, it’s good practice. Is that correct?
Whose responsibility would it have been to determine if the deceased was of sound mind at the time that their will was changed? Especially in the case of an elderly person with Alzheimer’s.
Also, when trying to get a copy of the will from the probate court, we were told all of the records, including the deceased’s medical records, have been sealed. Is this common?
Finally, is there a way to find out who the executor of the person’s will is?
I know it’s not required for an executor to notify beneficiaries that they have been removed from a will, but as I understand it, it’s good practice. Is that correct?
Whose responsibility would it have been to determine if the deceased was of sound mind at the time that their will was changed? Especially in the case of an elderly person with Alzheimer’s.
Also, when trying to get a copy of the will from the probate court, we were told all of the records, including the deceased’s medical records, have been sealed. Is this common?
Finally, is there a way to find out who the executor of the person’s will is?
Posted on 1/27/25 at 6:34 pm to TigerStripedHeels
I will just say good luck. Dealing with any kind of disputed will, and sometimes a simple, cut and dry one, can be a pain in the arse.
Posted on 1/27/25 at 6:44 pm to TigerStripedHeels
I don’t know much about it, but I can give this advice: Unless the deceased was extremely wealthy, or there is very obvious shenanigans, do not contest the will. It will just exhaust everyone’s shares.
Posted on 1/27/25 at 6:47 pm to TigerStripedHeels
I'm an estate planning/probate attorney. My hourly rate is $390/hour.
I'll give you a discount and drop my rate to $350/hour.
I'll give you a discount and drop my rate to $350/hour.
Posted on 1/27/25 at 6:48 pm to TigerStripedHeels
Did you marry outside of your race?
Posted on 1/27/25 at 6:49 pm to Penrod
quote:
the deceased was extremely wealth
Millions.
quote:
there is very obvious shenanigans
Like, not telling anyone when the house was sold? Slowly selling off pieces of furniture, art, and collectibles and pocketing the cash? Can’t prove it obviously, but we know it’s happening. Refusing to tell us who the executor is?
Posted on 1/27/25 at 6:58 pm to TigerStripedHeels
Whatever you do, have one in place. Both my mother and father passed unexpectedly, without wills.
Even as the only child it was a massive pain in the arse dealing with the legal dog and pony show
Even as the only child it was a massive pain in the arse dealing with the legal dog and pony show
Posted on 1/27/25 at 7:03 pm to OysterPoBoy
quote:
Did you marry outside of your race?
Negative.
Posted on 1/27/25 at 7:04 pm to TigerStripedHeels
Is it a gold digger?
Posted on 1/27/25 at 7:04 pm to TigerStripedHeels
Lawyers are going to love you.
$10,000 retainer. $400 / hour
Just to ‘investigate’ the possibility that you ‘might’ have gotten screwed.
Might be better off
(1) at the casino;
(2) lottery tickets;
(3) counseling;
(4) posting nude pics of wife.
$10,000 retainer. $400 / hour
Just to ‘investigate’ the possibility that you ‘might’ have gotten screwed.
Might be better off
(1) at the casino;
(2) lottery tickets;
(3) counseling;
(4) posting nude pics of wife.
Posted on 1/27/25 at 7:08 pm to TigerStripedHeels
quote:
Whose responsibility would it have been to determine if the deceased was of sound mind at the time that their will was changed? Especially in the case of an elderly person with Alzheimer’s.
If the form of the will is correct, you’ll likely never be able to prove lack of capacity, FWIW. You’d need evidence that most cases will never have.
Posted on 1/27/25 at 7:09 pm to WylieTiger
quote:
Is it a gold digger?
Nope. Never married. No kids either.
Posted on 1/27/25 at 7:10 pm to TigerStripedHeels
First, you haven't even mentioned the jurisdiction the will is being probated in that alone should keep any attorney from responding without an arse load of caveats.
Second, I understand what you are trying to do but write everything down and let the attorney you chose answer the questions and guide the process.
Free legal advice is worth exactly what you pay for it, sometimes you catch an attorney in a mood and they will dispense some or a lot of legal opinions that are definitely NOT legal advice but it is best just to deal with your attorney.
Second, I understand what you are trying to do but write everything down and let the attorney you chose answer the questions and guide the process.
Free legal advice is worth exactly what you pay for it, sometimes you catch an attorney in a mood and they will dispense some or a lot of legal opinions that are definitely NOT legal advice but it is best just to deal with your attorney.
Posted on 1/27/25 at 7:10 pm to TigerStripedHeels
quote:
Also, when trying to get a copy of the will from the probate court, we were told all of the records, including the deceased’s medical records, have been sealed. Is this common? Finally, is there a way to find out who the executor of the person’s will is?
If you’re an interested party such as an immediate relative or heir, you can ask for the documents to be unsealed. The executor will be listed in the pleadings, assuming it’s unsealed.
Of course that assumes you’re in LA. But as others have said, unless you’re talking big numbers, it’s never worth fighting. You’re only going to deplete the estate—remember that the executor’s attorney fees are coming out of the pot.
Posted on 1/27/25 at 7:26 pm to TigerStripedHeels
I'm not in the legal profession at all so I'll get that out there, but my common sense tells me that if a diagnosis of Alzheimer's was (a while) before the will was written then it has a chance of being overturned. I may be wrong
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