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My Uncle had left our Dad 50% of the residuary & we are under that gift too to recieve his half if he didnt survive

San Francisco, CA |

..him. The Uncle also says under the residuary, "IN THIS WILL I HAVE LEFT A LARGE PART OF MY ESTATE TO THE THEN LIVING CHILDREN OF(>MY DAD'S NAME HERE<)" ...The charities my uncle had in his will are listed under the Pecuinary gifts #7 yet ended up with 50% of the residuary..?!? PLUS WE NEVER EVEN RECIEVED NOTICE TO THE PROBATE HEARINGS EVER. We didn't get the chance to speak/contest the Will & by the time we found out the estate was already done. Does this sound legal? Our Dads ex stepsonDad was divorced from his Mom years prior) whom was never ever adopted & is an attorney in a different state got it all. Our Uncle wanted us to inherit & in no way wanted the stepson to get anything yet he got it all,we didnt even get a notice. B.O.A/S.F. public Admin. office BOTH handled the estate/help!

Attorney Answers 7

Posted

You need to steamline your inquiry please

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Posted

It sounds like you have a whole bunch of red flags, here, but there is no way to get to the bottom of this on Avvo. You need to consult with an attorney where the estate was probated, find out how this could have happened, and determine if there is anything you can do about it. You have a complex set of facts and a very unusual situation. You may have a valid claim against the stepson, but I do not think you know enough of the facts yet to determine that. A lawyer can help you investigate and determine whether you have recourse.

Best of luck to you!

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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Posted

Visit a local probate attorney. You will need to acquire the accounting reports and review the estate. If you were only left a residuary interest, then you may not have been able to receive anything if there was no residuary after taxes, debts were paid, and other gifts were made.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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Posted

Your statement is full of warning signs. The facts are garbled and hard to extrapolate. That being said, you should immediately consult with a local probate attorney in the county where your uncle resided at the time of his death.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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Posted

Most states require some form of notice be given upon the probate of a will to all interested parties, including residuary beneficiaries. Some, like NY, before the Will is probated, and some, like NJ, after the Will is probated. Why you never received notice is a puzzle unless someone gorged signatures or swore a false oath of service. As my colleagues have stated, you need to consult an attorney in the state were date died and his Will was probated. You may recourse, but hurry for the statute of limitations (time within which to file a claim) is not long and begins to run as soon as you are aware of your father's demise/death.

I am sorry for your loss and aggravation.

The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.

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2 comments

Asker

Posted

Are you in California? & You guessed it right on the head! Statutes have done passed! BUT> The estate was handled by an Administrator S.F. Public Administrator x 2 & an Executor,Bank of America The treasury's involved investigating this as we speak... It could be a best selling book! :)

Asker

Posted

"Extrinsic Fraud"...

Posted

I agree with the above answers. If the estate was in San Francisco, you probably should have received notice of the probate petition. Feel free to give my office a call.

DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE. IT IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS RESPONSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY FOR SPECIFIC LEGAL ADVICE ABOUT YOUR PARTICULAR SITUATION.

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Posted

I agree with the other answers but would ask one question also. Who died first, your father or your uncle? If your father died first you should have received part of your uncle's estate. If your uncle died first and your dad inherited from him then your dad can leave his money to whomever he wanted. In that case, you would be looking at a Will caveat and that is difficult to do. In any event, it would be a very good idea to spend the money on a consultation. If nothing else, you can put your mind at ease.

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