If you were told by your Mother-in-Law that you and her grandaughter(my daughter) were the only two people in her will except for a "Son-in-Law", who is now deceased. We cannot find her "Will". She said my daughter was "Executor of her Estate". What happens now. My Mother-in-Law is not mentally able to change her will and we can't find the will. So will everything automatically go to my daughter or will I still get half since Terry (son-in-law) has passed away??
It is my understanding (I'm not an attorney) that if a person dies intestate (without a will) the assets go to the nearest blood relative (or divided among blood relatives of the same order). If there are no remaining blood relatives, then the state steps in and decides what to do with the proceeds.
Does she have any other legal papers that might lead you to her family attorney? There must be a document of some sort ie: a will or living trust. Also, are these types of documents filed with her city/count/state? Check there too. You really need to see an attorney.
Good luck
Sometimes, but not always does a lawyer have a record or copy of said will which is what I ran into.
One things that does help is finding out from other relatives if such a will ever existed which helped me.
Older people can often hide things better than even a detective can find. My mother hid hers from 1979 until two years ago in her mother's lock box in another city which only her brother knew about. It remained there even after her mother died and was paid for each year by the estate. That much information helped me know that it existed, but my mother's dementia was such that her mind was no help. After quite a scavenger hunt in the house, I did find it and I saw why she hid it from my step-dad because after being married to him for 11 years, she wrote him out of her will. Her will makes me the executor and the sole recepter of all that she owns; has ever bought or has ever been given as a gift or as an inheritance. She made me trusteee of 9 peices of farm land inherited from her mother plus had my step-dad sign a noterized statement to the effect that he is not interested in that land which does produce a yearly income. 6 years ago she made me co owner of her private accounts in a state credit union here with my sons as benefactors if I were to die. Last year, she gave me the right to survivorship of her private securities.
Good luck with your sear for the will. Sometimes, they are hidden among other papers or at the bottom of a box full of jewelry or something obscure like buttons, or in a family Bible or some favorite book or underneath a drawer which you can only see if you take the whole drawer out. Hardly ever are they found in a safety deposite box. In my mother's case, it was in an envelope that looked like a normal letter underneath one of her several jewelry boxes in this overly stuffed drawer toward the back corner. Unless I had felt the whole bottom of that drawer, I am sure that I would not have found it.
I am not sure-however if there is no will involved-does it go into probatate?
Good luck!
Hap
so whoever is the closest heir in line would get it. In our state anyway. I sure hope you find it!!