Stepmother refuses to produce dad's will. Any advice?

Just a little bell tinkling at the back of my mind...

Did I read, somewhere, that there are jurisdictions where marriage automatically invalidates a will...?

I know there are many more where divorce does; obviously that wouldn't apply in the case of your widowed then remarried late father. Just have some elusive memory of the marriage thing. Worth checking?

I wouldn't be too despondent. Stepmother's attorney is probably content to do absolutely nothing and let the fees build up while he tries to find a way to claim some money for her; I don't see what they can have to hide, exactly. If they were planning to burn any documents they'd have done it by now. In any case, she should listen closely to Blossom Dearie's song "My attorney Bernie".

Don't suppose there's *any* way you could all get back on human speaking terms? It's just SO much cheaper.

Old will does not address new step-mother considering they were married less than 24 months, never got around to it. No new will, no prenept. I hired an attorney, she says stepmother is probably doing exactly what her attorney told her to and that is sit-back and do nothing until pushed, that is the advice she would have given her. My attorney says they have something to hide and simply hoping brother & I would give-up and go away. We are pursuing. Too bad you have to get attorneys involved and spend a lot of money.

Do you know who your dad's attorney was when they were married? Is this the same as she is currently using? Even if his old attorney passed away, the client files will be passed to another practicing attorney. That's who you need to find - and hire if it's not the step mother's attorney. (My in-laws have succeeded in making several attorneys wealthy before and after my relatives' deaths!)

I'm suspicious that step-mom feels she will have a better gain if she does not dig up a more recent will if she signed a pre-nuptial which specifically mentions inheritance and being left out of the next will. When challenging, this pre-nup might be an item of interest to subpoena. Are we talking about a sizeable estate which might be subject to inheritance tax?

Where I live, I believe 'executor' and 'administrator' are interchangeable terms. I was named 'executrix' in my dad's will, but still had to have the probate court's approval, wherein I was named 'administrator.'

Please come back and tell us what happened. One of us could end up in the same way. Good Luck.

I mentioned "old will" because she said there is no "new will" (meaning mentioning her). Thanks for the imput, appreciated.

No, I don't think administrator does not Trump executor. Administrator comes in when there is no will or executor not mentioned in the will. If deceased stepmother was named as executor than new wife can, I guess, be administrator. You say "old" will. Do u know of a newer one? Usually when a couple make will it's yours is mine and visa versa. If this is how the old one reads and it was between Dad and deceased wife then new wife will only get a percentage of the estate. Let's say 50% and the other 50 going to the kids. This is just my thinking. Her being only married 24 months should have something to do with what she receives. She didn't help him build up an estate. I guess you r just going to have to wait till she files with Probate then the will will be available. She has to notify all interested parties not just them mentioned in will. Our wills read if we both die at the same time my girls inherit. If Dad did this new wife may have to fight it.

Make some fast friends at the clerk's office so you'll know the minute it's filed. You'll undoubtedly need an attorney, so at least do the research on that now. I think you can even contest the administration appointment, tho that's can be a huge responsibility. And I think, depending on the size of the estate, she may ask for 'unsupervised.' If you're named in the will, you should be notified and given the opportunity to contest that. (I'm not an attorney...)

That's good news. When you get a copy of the will (or even before) you can hire an attorney to protect your rights if you think that they are going against your Father's written intent.

Update: Met with her & her attorney, they have my dad's "old will", refused to give me a copy. March 12th will be 90 days. The attorney said he won't let me see it, he's advising her to file it with the county clerk's office & that she file for administrator of the estate, and THEN I can request a copy. I wonder is that will then trump me being the executor if I indeed were named in the will?

If probated u can see the will also who is executor. If former wife is mentioned then new wife maybe out of luck. It may mean that half of everything goes to the former wifes estate. Then who she left her estate too. Probate requires that any beneficiary and any interested party be notified of probate by letter sent by executor. I think there is a time limit of 60 or 90 days.

Head to the county surrogate's court and ask if the Will has been probated. Ask your Dad's attorney if he has a copy of the latest Will. Ask children of the step mom who passed if they have any records. Other than that ... I hope others have more specific advice for you.