Discovering Your Inheritance without Cooperation: A Guide for Beneficiaries

When one spouse passes away, it is not uncommon for the surviving spouse to be the sole beneficiary. However, there are situations where children or other potential beneficiaries may need to uncover whether or not they inherit from their deceased parent, especially if a hostile widow or husband is inhibiting the process.

Understanding Inheritance Laws and Practices

First and foremost, it is crucial to understand the local laws and common practices regarding inheritance. In many cases, spouses leave everything to each other, eliminating the need for a will. If a will exists, it is typically probated, and beneficiaries are informed. However, in situations where beneficiaries suspect that their rightful inheritance has been withheld, the process can be quite complex.

For example, if your father had a will leaving assets to you, you would be notified during the probate process. If your mother was the executor and refused to notify you, this could be problematic. In such cases, it might be necessary to seek legal advice to ensure that your rights are protected.

Estates and Probate

An estate goes through the probate court process, which involves the executor or administrator proving to the court that they have notified all beneficiaries. If beneficiaries cannot be reached or notified, their shares must be held until a judge releases them. It is important to understand that the presence of a will does not guarantee that all assets will be distributed as intended, especially if the will is not being followed.

Why the Will Was Drafted as It Was

Your father's will may have been drafted to provide for his spouse first and then the children if the spouse pre-deceased him. This is a common practice, especially if he thought that your mother would take care of you. The structure of the will and the actions of your mother can significantly affect who receives what.

To illustrate this, consider the example of your husband and you, where nothing was left to the children and everything went to each other. Similarly, if your father followed a similar pattern, the assets would likely pass to your mother, fulfilling the wishes expressed in the will.

Legal Steps to Trace Inheritance

To determine if you are a beneficiary and what steps need to be taken, you can start by searching court records for any probate proceedings related to your father's estate. Probate records are public information and can provide valuable details.

However, even if a will exists, assets such as real estate and bank accounts may be held jointly with right of survivorship (JTWROS). This means that upon your father's death, the surviving owner automatically becomes the sole owner. Such assets do not go through probate and are not part of the estate.

If you find no indication of a probate proceeding, it is possible that your mother retained control of all assets legally, even if a will suggests otherwise. In such cases, you may need to engage a lawyer to investigate further and possibly initiate a legal claim.

Legal Advice and Family Dynamics

Given the delicate nature of such situations, it is highly recommended that you cherish your family relationships and tread carefully. Even if your suspicions are valid, conflicts can escalate and damage familial bonds. Consider seeking legal advice from a reputable lawyer who specializes in probate and inheritance issues.

Ultimately, the goal should be to understand the legal and financial structure of the estate while maintaining respectful and civil relationships with your family members.