Family Drama and Your Will
November 19, 2010I recently had a meeting with a woman who said she had a “simple question” about wills. She was the last person I was meeting with that day, so I relaxed and got mentally ready for a simple question which would be followed by a quick workout and dinner. My brain was just about to get put into action jointly with my stomach with the goal being to figure out what to eat. Just as soon as I finish this simple question. At least that’s what I thought for a few seconds.
Her “simple” question was: I had a family member (grandmother) die recently and the family member who lives with her may have been stealing from her, and I think he destroyed her will and plans to take significantly more than his “fair share.” What can I do? Before her death, she told me that I would be inheriting nearly half of her estate because of our special relationship and to make up for past family wrongs.
After first wondering exactly what made her think that question was simple, I began to think. What could she do? The person she suspects of acting dishonorably (only suspicion, no tangible proof) clearly had access to the house and everything in it. He had access to the mail. He had access to any keys lying around. He had, in the words of so many detective shows, opportunity. Money seemingly is ALWAYS motive. Hmm, maybe there is something to her suspicion. But, innocent until proven guilty has meaning.
I asked if she talked to her uncle (the other party in this situation) about the situation regarding the will and she had. He told her he looked everywhere and could not find a will, so he assumes that it does not exist and since he lived there with her, he would take care of everything. OK, that sounded like an interesting answer, but maybe he’s just helpful?
I then thought about her grandfather. He had died 5 years prior and HE had a will. That will would be a matter of public record. She could go to (or call because she lives 2,000 miles away) the local courthouse and see his will, determine which attorney drafted it, and contact the attorney to see if he drafted Grandma’s will too. Also, she could call the county’s Register of Wills to see if her grandmother has a will on record there.
A few days after the meeting I got an email from her with some follow up info. Grandma DID have a will, and it was drafted by the same attorney that drafted her grandfather’s. Along the way in her research, she reconnected with an old friend who works for the Register of Wills office and he is emailing her a copy of the will. What’s in the will? I don’t know, but I was happy to hear from her and glad I could help.
The point of this post: When you have your will drafted, make sure that there are multiple copies! And, that the people you love know where they are. Not that anyone in YOUR family would ever do what her uncle was attempting to do.