How do you figure out if someone left you something in their will?

[Brooke Wilde]

I have a friend whose father passed away about 10 years ago.

Out of the blue she mentioned to me that her dad had a bunch of stocks & an IRA that was supposed to be split between her & her brother.

He also had a life insurance policy. She said she received the check for 1/2 of his life insurance, 1/2 of his bank account & 1/2 from the sale of his house, however, she does not believe she received 1/2 of the stock & IRA.

Her brother is the executor of the will & she absolutely refuses to contact him. They have a strained relationship & have not spoken in a decade.

How would she find out if she was given everything her dad left for her?

Could she call the attorney that originally handled her dad's estate?

It's been around 10 years - would he still be responsible for handling the estate or have any record of it?

He lived & passed in New Jersey if that makes any difference.

Thanks in advance for you time & help with this matter!

[LayingPipe]

Wills are public records after the person has passed. Wills can be contested for 2 years in Texas unless there is fraud. Go to the county clerk website where the person passed to start.
https://www.texasinheritance.com/lea...will-in-texas/

[Anonymous01]

10 years ago in New Jersey? As Tony Soprano might say,


"Fugadaboudit."

[hounddog]

Typically all the assets are transitioned to cash for easier distribution. From my experience, in Missouri, a court will review the final distribution before the estate is closed.

[Chung Tran]

The Executor of a Will is often granted the power to alter the distribution schedule, based on his own judgement. For example, if, say, he believes that money distributed to your Friend could cost her Government benefits, he can redirect her ''share'' away from her.

https://m.youtube.com/watch?v=FyGHjxsr28o

[The_Waco_Kid]

Originally Posted by Brooke Wilde

I have a friend whose father passed away about 10 years ago.

Out of the blue she mentioned to me that her dad had a bunch of stocks & an IRA that was supposed to be split between her & her brother.

He also had a life insurance policy. She said she received the check for 1/2 of his life insurance, 1/2 of his bank account & 1/2 from the sale of his house, however, she does not believe she received 1/2 of the stock & IRA.

Her brother is the executor of the will & she absolutely refuses to contact him. They have a strained relationship & have not spoken in a decade.

How would she find out if she was given everything her dad left for her?

Could she call the attorney that originally handled her dad's estate?

It's been around 10 years - would he still be responsible for handling the estate or have any record of it?

He lived & passed in New Jersey if that makes any difference.

Thanks in advance for you time & help with this matter!

two things.


first why did this woman wait 10 years to decide she didn't get all she was entitled to? i don't care about her strained relationship. if her brother won't respond a lawyer can make him respond.


now, she's probably outside any statutes of limitation to make a claim. depends on the state. don't know what NJ's laws are. that's what a lawyer is for.


second, her father made the brother executor. was that a good move? maybe, maybe not. a neutral party would have been a better choice. that said, everything an executor does is subject to approval and review by the probate court. so everything he filed is on record. including the all important declaration of settlement which must be approved by a judge. if he lied then he committed a crime (civil at least possibly criminal) by knowingly defrauding the probate court.


she states that the brother was executor yet there was a lawyer involved. the lawyer is certainly a place to start but all he can do is report what the brother told him. a lawyer should have been executor to ensure all assets were divided equally.


the father made a potentially biased decision to appoint the brother as executor (maybe he wanted that?) and the sister waited probably way too late to challenge the probate court's final ruling.


she's probably shit outta luck.

[MarcellusWalluz]

The attorney that handled the estate should still have records, getting him to dig them up will be the biggest issue; but first she should check on what the laws in NJ are regarding estates.
Best thing would have been for her to get her own attorney at the time since the relationship was strained.
If it were round these parts I would recommend my buddy Weston:
https://www.westoncotten.com/
Tell'em Marcellus sent you.

[Brooke Wilde]

Thank you for all the replies thus far. I have not had time to read them because I have been so busy, but I will this week, then reply.

Thanks again.

[Ripmany]

You would have to have a copy of will, be notified executive of will that simple.

This just why I say life insurance is offen a scam. Because let say get a small 25,000 policy. Unless tell the family who name as beneficially there will never collect. Almost every FT job I had had policy like this.

I agree chung Tan, however executive modification is how will is worded.

[Amy Adams Atx]

I have a question. One of my family members has or had a safety deposit box in Nassau that was opened a few years before their passing 3 years ago. Is it even worth looking into now? I didn't really figure it was, but worth asking. Thanks.

[thebodyman10]

Originally Posted by Amy Adams Atx

I have a question. One of my family members has or had a safety deposit box in Nassau that was opened a few years before their passing 3 years ago. Is it even worth looking into now? I didn't really figure it was, but worth asking. Thanks.

How do you know it was opened ? Are you sure ? I would think it would certainly be worth it to make sure it was empty before giving up on it. Just because it was opened a few years ago does not mean that it is empty. It could have been opened to put something IN it !

[Michael8219]

NASA / Clear Lake, Texas:
When the owner of a safe deposit box dies in Texas, the bank typically freezes access once it becomes aware of the death. Even if someone has a key, no one can legally open the box without proper authorization, usually in the form of Letters Testamentary or Letters of Administration from the probate court along with the death certificate. If the executor or heirs fail to notify the bank or continue paying the rental fees, the box eventually becomes inactive. Under Texas law, after roughly five years of unpaid rental and no contact, the box is considered abandoned. At that point, the bank is authorized to drill open the box, inventory its contents, and report valuables or cash to the Texas Comptroller’s Unclaimed Property Division, while non-monetary items may also be reported. Even after this process, the estate or heirs can claim the contents or their value from the unclaimed property office by providing proof of entitlement. Essentially, if no one acts after the owner’s death, the box will ultimately leave the control of the estate and enter state custody, though recovery remains possible.


Nassau, Bahamas
When the owner of a safe deposit box dies in Nassau, Bahamas, the bank will generally freeze access until someone with legal authority, such as an executor or heir, presents a death certificate and proof of entitlement. If the executor or heirs fail to notify the bank or continue paying rental fees, the box may eventually be considered dormant or abandoned after a statutory period of inactivity, often 10 years or more, depending on the institution and regulatory guidelines. Once deemed abandoned, banks are typically required to follow abandoned property procedures, which include attempting to locate the heirs, publishing notices in the official Gazette or newspapers, and after the required waiting period, selling or otherwise disposing of the contents under regulatory authority. Heirs or entitled parties may claim the contents or proceeds by responding to the notices and providing proof of entitlement, though if the statutory waiting period has passed and the items were sold, recovery may be limited. Essentially, if no action is taken after the owner’s death, the box’s contents will eventually leave the direct control of the estate and be handled according to Bahamian banking regulations.