Legal Question in Wills and Trusts in New Hampshire
aunt's will is M.I.A.
My great aunt passed away ~4 years ago. She has no children and left all of her belongings to me. The will was given to my mother to hold since I was in college at the time. After my aunt passed my uncle, who is a lawyer in N.H., told my mother that there was ''nothing'' left after all of the hospice bills were paid. My aunt was a very wealthy woman who had everything appraised, from her fine china to her $100,000 paintings to her extensive jewerly collection. NOt to mention she owned her condo. I find it hard to believe that all of these assets were gone... My mother didn't want to start a family fued so the topic was dropped and she 'misplaced' the will. Now I am left wondering if there is anything I can do to dispute this? Any ideas/suggestions are greatly appreciated. Thanks in advace.
3 Answers from Attorneys
Re: aunt's will is M.I.A.
Find yourself a NH attorney to check what was filed in the Surrogate's Court up there. Or alternatively, take a trip up there yourself.
Be aware that there are time constraints, so do it sooner, rather than later.
Re: aunt's will is M.I.A.
If there is no original Will forget it, unless you want to sue your uncle and your mom. Without a Will to probate, your aunt will be considered as dying intestate (without a Will). As such, her closest living relative (probably her brother or his descendants) would be entitled to the entire estate. Unless you could prove there was a Will leaving assets to you and that the assets were not liquidated to pay her bills, but were taken by someone, you have no claim. You could sue your mother for failure to probate the Will and what you lost by her failure to do this, and maybe your uncle for a constructive trust of the assets you were to have received (if they exist or if he sold them and kept the proceeds). Unless you can prove there actually was a Will naming you, you will have a hard time winning either suit.
Re: aunt's will is M.I.A.
YOu may also be able to reach this as if this was a trust created when your mother held the assets. I agree that you should check into this more, and check the entries of the probate court. Sound like the will was never filed in propbate.
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