There is no law that requires the Will in its entirety to be read to the family. These days, beneficiaries of an estate are sent a letter by registered mail that tells them about their inheritance. Unfortunately this doesn't provide opportunity for any greedy relatives to leap dramatically to their feet, yelling to the shocked assembled family members about how unfair the Will is, but that only happened in Hollywood anyway.
I think the outdated belief that all family members are entitled to be present at a reading of a Will is at the bottom of the well-entrenched anger and frustration expressed by family members who want to know what is in someone's Will. They really do believe themselves to be entitled to information based on the fact that they are related to the deceased, even though that isn't true. Non-beneficiaries are not sent anything or told anything about the Will, even if they are family members.
This is not to say that the executor of a deceased person couldn't hold a Will reading if he or she wanted to. This wouldn't replace the requirement to send notices to beneficiaries but it would help out the executor who would prefer to have the lawyer read and explain the terms of the Will rather than try to do so alone.
Very illuminating...Typo on last line..should it be...so go it alone?
ReplyDeleteThanks for pointing out the typo. I've fixed it now. You're right, that last line really didn't make much sense with the typo in it. That post had over 1,000 views and you were the first to let me know about that :)
DeleteLynne
Hello, sorry to bother you. A family member is palliative in Montreal and the belief is that i will have to fly there because I am one of 5 people that will get an equal share of the estate. If i'm reading your column right then i would not have to go correct? I'm in BC btw and cannot afford the price of the ticket
ReplyDeleteThere is no reason why someone has to be there in person to inherit something.
DeleteLynne
A wife died a few years ago, she had a son, the husband had a daughter both from previous relationships. The man died a couple days ago. The daughter wasn't aware he was her father until just a few months before he passed. They had a gotten to know each other and talked regularly on the phone. He had no other kids. Apperently his late wife signed everything to her son before she died. Who has entitlement? Don't know if it was a legal will.
ReplyDeleteIf I understand the question correctly, a wife died and left everything to her son, leaving out her husband. Later the husband died.
DeleteIf the wife died first, the man's daughter has nothing to do with it. If, at the time, the husband felt that he was short-changed by his wife's will, he could have contested it to try to get a share of the estate. However, he did not and therefore none of the wife's estate belongs to the husband.
The daughter may have a right to a share of her father's estate (if she is a minor or if she has a disability) but no claim against his former wife's estate. That ship has sailed.
Lynne
A mother has passed and left a will ,her late husband has moved on ,can her children have their mothers will read regardless?
ReplyDeleteThe bit about the late husband moving on is very confusing and I honestly don't know what you mean by that.
DeleteAnyway, you haven't said who is the executor of the will. If one of the children is the executor, he or she can hold a reading of the will if he/she wants to.
If the executor is not one of the children, please clarify the question for me.
Lynne
My husband passed in 2015 and his dad ... my father in law passed a month ago... his will I beleive is split between all 3 children... since my husband passed before his dad... will my children inherit the sale of the house monies?
ReplyDeleteCathy
Hi Cathy,
DeleteThat's going to depend on what the will says. The most common arrangement in wills is that where a child predeceases a parent leaving children of his own (grand children), the share of the deceased child goes to the grandchildren. However, it is not the law that it must go that way. The will could say that if one child is deceased, the estate will go among the remaining two. That's uncommon but certainly possible.
If the will only says that it goes among the 3 children and doesn't say anything at all about a child predeceasing, then you should assume that your children will inherit your husband's share. Before making the assumption make sure you get a chance to read the will thoroughly and maybe even take it to a local lawyer for an opinion.
Lynne
Hello
ReplyDeleteMy dad and his wife were married got divorced and got back together. They are not forthcoming with information, is it possible to get a copy of the will? We r not sure who the lawyer is we just know the firm it is with.
Has your Dad passed away? I assumed that he has when I first read your question but then I realized you said "they" are not forthcoming with information and it sounds like he's still alive.
DeleteIf your Dad is alive, no, there is no way to get his will. It's private, of course. His lawyer is unlikely to tell you anything at all.
If your father has passed away, it may be possible to get a copy of his will. You are not guaranteed to get a copy, even though you are his son. There is no automatic entitlement to see his will.
If you know who the executor is (most likely his wife but obviously I don't know for sure) you could ask for a copy. If you are a residuary beneficiary named in the will, you are entitled to have a copy of it. If you are a specific beneficiary named in the will (i.e. being given a specific item like a car) then you are entitled to see only the part of the will that gives you the gift. If you are neither of those, you are not entitled to see the will. Even if you're his son.
If you are disabled to the point that you cannot work and were financially dependent upon your Dad, that also changes things. You would be entitled to see the will as you decided whether or not to make a claim.
Having said all that, you can always get a copy of the will from the probate office if the will is sent for probate. However, not all wills are probated, especially when there is a spouse surviving, so that may not apply to you.
Lynne
I am a only child and my mother has made me joint tenant on her house and bank accounts. So when she passes it all passes to me outside of the estate. In her will she left half of her estate too me and half to her grandchildren. Other than her personal possessions if any there won't be anything in the estate. So basically the grandchildren get 50% of nothing . As the executor do I need to tell the grandchildren that grandma did leave them anything? Thx
ReplyDeleteYou are so wrong. Putting the house and accounts in joint names does NOT mean you get them. They still belong to your mother's estate, especially since she clearly left a will that shows she intends for half to go to her grandchildren.
ReplyDeleteMy mom Wants me to have the house when she's gone, and that's why she put me "As Joint tenant ". And the bank account Joint with right of survivorship. This was done long before the will was drafted. Everything I read tells me the house and the bank account isn't part of the estate.
DeleteI was put as joint tenant on the house and bank account long before the the will was drafted. The will was designed to deal with her personal possessions. We were told that the house and bank accounts wouldn't be part of the estate because I am listed As Joint Tenant. So you are saying that's not correct and she needs to change her Will? Thanks for your response.
ReplyDelete