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Slow painful train wreck

Booboobear's picture
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Well that was annoying.  after 5-6 weeks of our lawyers doing nothing, the probate judge put dad's wifes name as personal representative with no will.  we told her lawyer that we had the will and the prenup where she signed to wave her right to act as personal representative.   He said "well thats no good" about our will and prenup and filed it as no will.  the 5-6 weeks leading up to it, I tried to get my sisters (mine too?) they wouldnt talk to me because she was named as personal representative by my dad, so they filed nothing for her and told my attorney that they did not work for my sister yet.  So I did up legal paperwork for her to be PR and sent it to sis with  SASE for her to notorize and send to the court.   I was also emailing the will and prenup to the court, who contacted me today and said dads wife was PR. and was shocked when I told them we had a will and prenup.  and  the judge is going to call me tomorrow. her assistant told me that I needed an attorney (eyeroll) I called another attorney, they cant help me until feb 25, so I created my own docs to move from probate judge with no will to District court.  Im pretty sure that dad did not plan on us daughters getting less than 20,000. in value and his new wife $350,000. a paid off house, SS when she is of age (shes our age) of around $2400. a month, when he had a will that said he was getting a prenup and a prenup that said he wanted to bequeath all his personal property from before marriage to his daughters.  

This is really not what dad wanted.  I am praying that the judge reverse the decision.  

tog redux's picture

That's awful, sorry you have to deal with that. It's hard enough to lose a parent without having to fight over the inheritance.

Monkeysee's picture

How is this being allowed to happen? What’s the point of having a prenup and a will if the courts proceed as if they didn’t exist?

Im so sorry this is happening. I can’t imagine the stress of first losing your father & now this legal mess. I hope the courts see reason.

Booboobear's picture

UPDATE!!  Ok so I had to go back to Alaska for the weekend and on Sunday, the New Mexico Probate judge called me and said she got the the prenup and Will that I sent, she sent my dads widow a cease and decist letter on all Personal Representative duties until we go to district court to have the district court review the will and prenup.  so thats an answer to prayer.  I added up the total social security that she would collect on my dads behalf when she becomes reitirement age, and she would collect over $600,000. add that to the $350,000. that she tricked dad into, and a paid off house in new mexico.  she got a package from my dad well over $1million , so I dont think we will leave her destitude when we work towards getting the alaska properties that dad owned before her and wrote a prenup to pass it to the daughters not to her.  She signed the prenup not to act as his PR and pass his alaska properties to the daughters before he would agree to marry her.  shes our age, not our dads age.  he died from a blunt force to the back of the head.  Both my sisters have said that they seen her hit him on the head mulitple times.  she hated us and moved him to New Mexico and hung up the phone without talking when we called to keep the recorder from leaving him a message.  So I dont feel sorry for her for getting the cease and decist letter to being PR for our dads estate.  

Rags's picture

Some good news within this tragedy.

My condolences to you and your family on the loss of your dad.