An Estate/Probate Idea For Mother Jones

My father died a few months ago and my stepmother will not let me see his Will. How do I go about getting a copy of the Will?  Already Tried: I have requested that a copy be either fax to me or mail with no avail 

Answer: Do you know if she is the executor?

What does she say is the reason?

Do you know if you father had assets in his name such as bank accounts or a house (that's not jointly owned)? 

I do not know if she is the executor.

I have requested three times to have a copy of the will sent. She says yes but it has been four months of requesting with no sign of the will.

I do not know if my father had a bank account or property in his own name at the time of his death.

Answer: You may need to retain a lawyer to write her a letter at the very least.

If she is the executor and you are a beneficiary then she owes you what is called a fiduciary duty and one thing she has to do is to report to you about what goes on with the estate.

If there are assets that were in his name the Will has to be probated and once that happens it's a matter of public record but you don't know if that's the case.

I find it odd or worrisome really that she won't show you the Will and I guess you do too. 4 months is ridiculously long if she says she will give it you and it sure doesn't seem like she's going to.

I would think that if she gets one letter from a lawyer she will produce it. If not the lawyer can let you know what your options are and how much they will cost you.

I hope this helps as a starting point.

High Finance Woman Read Up On Probates and Wills

High Finance Woman  and Tinaw individually read up on Philippine and Canadian laws regarding wills, probate, insurance and legal jargon to keep informed on which way to take in handling the case against Auntie Insurance.

For High Finance Woman, she reads up for the sake of  Caregiver Lady to inform her on the latest developments and how they can catch up with Auntie Insurance in Tatay Ruby and her's conjugal properties.

For Tinaw, she reads up for the rest of them in order that Toklang and Personal Injury Solicitor may know some information - when she is asked. But to total all the information, it is best to seek the assistance and advice of an inheritance lawyer.

Dear PAO,

Before my grandfather passed away, he executed a will distributing his properties. Aside from my mother and my aunt, who are his only children, I was given a portion of his properties.

The will was executed when he was still in New York, USA but he was a Filipino citizen even up to the time of his death. I just want to know if that will can be considered valid here in the Philippines because his property is located here. Will that be enough for us to divide the property among us? I hope you can enlighten me on this concern.

Thank you.

XXX of Malabon

Dear Jacky,

A will is a personal act of the testator whereby he voluntarily gives to another his property, be it real or personal, but the transfer of ownership shall only take effect after his demise. Under Philippine laws, a will may be considered valid and binding as long as it conforms to the laws of the place where the same was executed (Article 17, New Civil Code of the Philippines). In the situation that you have presented before us, it must be shown that the forms and solemnities of American laws, specifically the laws of the State of New York, have been adhered to before it can be said that the will of your grandfather is valid.

Besides the foregoing, the will of your grandfather must first undergo probate proceedings. Possession of your grandfather’s will is not enough for you and the other heirs to divide the property. It is necessary that the extrinsic validity of his last will and testament be determined by the court because it is mandated under Section 1, Rule 75 of the 1997 Rules of Court that, “No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution.” Accordingly, the person who has custody of the will of your grandfather must deliver the will to the court of the place where your grandfather last resided, or if he is a non-resident of the Philippines to the court of the place where the property is situated, within twenty days from the time he gains knowledge of the death of the testator (Section 2, Rule 75, id). The proper petition for allowance of the will must also be filed before said court, containing among others, the names, ages, and residences of the heirs, legatees and devisees, as well as the probable value and character of the property.

Should you or the heirs prove in court that the will of your grandfather conformed to the laws of New York, USA with regard to forms and solemnities of his will, the court will issue an order for the allowance thereof. Thereafter, you may proceed with the partition of the property left by your deceased grandfather in accordance with the provisions of his will. On the other hand, if the will was disallowed by the court for failure to conform with pertinent laws, you will not be allowed to divide and distribute the property using the provisions of the will. Rather, the laws on intestate succession shall be applied to the partition of the estate of your grandfather.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Note: Credit belongs to the author of the website. The write up was read by High Finance Woman from Dear PAO

Sample Of A Last Will And Testament In Canada

Acknowledgements to the website of Mr. Richard Navarro

This is the Last Will and Testament of me Your Name here

of address here Avenue in the City of ________,

in the Province of British Columbia, Canada.

1. I HEREBY REVOKE all former Wills and other Testamentary Dispositions by me at any time heretofore made and DECLARE this only to be and contain my Last Will and Testament.

2. I NOMINATE, CONSTITUTE, AND APPOINT my wife her Name here to be the sole Executor and Trustee of this my Will and I DIRECT MY SAID Executor and Trustee to pay all my just debts, funeral and testamentary expenses as soon as conveniently may be after my demise.

3. I GIVE, DEVISE, AND BEQUEATH all residue, both real and personal, whatsoever and wheresoever, of which I am seized or possessed of or entitled to, and over which I have any power of appointment, unto my said wife her Name here absolutely.

4. PROVIDED HOWEVER, that if my wife her Name here does not survive me for a period of Thirty (30) days, then I DECLARE THAT Paragraphs 2 and 3 herein shall not take effect, and in lieu thereof, the following provisions shall take effect:

a) I NOMINATE, CONSTITUTE, AND APPOINT First Choice here as my Executor and Trustee of this my Last Will and Testament, and if said First Choice here is unable or unwilling to act as Executor, I NOMINATE, CONSTITUTE, AND APPOINT Second Choice here to be the Executor and Trustee of this my Last Will and Testament, and I hereinafter refer to the said Executrix as my Trustee .

b) I DIRECT my Trustee to pay all my just debts; funeral and testamentary expenses as soon as conveniently may be after my demise.

c) I GIVE, DEVISE, AND BEQUEATH all of the remainder of my estate, both real and personal, whatsoever and wheresoever, of which I am seized or possessed or entitled to, and over which I have any power of appointment, unto my Trustee upon the following trusts, namely:

i) To use his or her discretion in the realization of my estate, with power to my Trustee to sell, call in, and convert into money any part of my estate not consisting of money at such time or times, in such manner and upon such terms, and either for cash or credit or for part cash and part credit as my said Trustee may in his or her uncontrolled discretion decide upon, or to postpone such conversion of my estate or any part or parts thereof for such length of time as he or she may think best, and I HEREBY DECLARE that my Trustee may retain any portion of my estate in the form in which it maybe at my death (notwithstanding that it may not be in the form of an investment in which Trustees are authorized to invest trust funds, and whether or not there is a liability attached to any such portion of my estate) for such length of time as my said Trustee may in his or her discretion deem advisable and my Trustee shall not be held responsible for any loss that may happen to my Estate by result of so doing.

ii) To hold the residue of my estate as a special fund for the maintenance, education, and benefit of my children until the youngest shall attain the age of nineteen (19) years. I HEREBY DECLARE that it shall be lawful for my Trustee at any time in his or her absolute discretion to raise the sum or sums out of the income or capital of my residuary estate and apply them for the advancement and benefit of my child or children during his, her, or their minority or majority in such manner as he or she shall think fit, and my Trustee shall be entitled to spend more on one child than on another, and no sum so spent shall be brought to account by any child upon the division or balance of such funds or of my residuary estate. The receipt by any child or guardian of any payments authorized to be made herein shall be a sufficient discharge to my Trustee and shall exonerate my Trustee from all responsibility with respect to the application thereof.

iii) Upon the youngest surviving child attaining the age of nineteen (19) years (hereinafter called the distribution date) to divide the remainder of my estate into as many shares as I have children, and to transfer one share to each of my children, absolutely.

iv) If any child of mine does not survive the distribution date but dies leaving a child or children living at the distribution date, then the share of the residue which such child of mine would have taken had such child survived distribution date and obtained a vested interest in the residue of my estate shall be divided equally among such child or children as aforesaid of such child of mine, and if more than one, in equal shares. Provided further that if any child of mine shall die before the distribution date leaving no child or children living at the distribution date, then the share of residue which such child of mine would have taken had he or she survived distribution date is to be distributed among my children who survive distribution date.

5. I AUTHORIZE my Trustee to make payments for any person under the age of nineteen (19) years to a parent or guardian of such person, whose receipt shall be sufficient discharge to my said Trustee.

6. I NOMINATE, CONSTITUTE, AND APPOINT First Choice here to be the guardian of my children. If the said First Choice here is unable or unwilling to act as guardian, then I NOMINATE, CONSTITUTE AND APPOINT Second Choice here to be the guardian of my children.

IN TESTIMONY WHEREOF, I HAVE TO THIS DAY, MY Last Will and Testament, written upon this and 2 preceding pages of paper, subscribed my name, this July ____ 2011.

SIGNED, PUBLISHED and DECLARED

By the said Testator:

Your Name here as and for his Last Will and Testament,

in the presence of us both present at the

same time who at his request and in his

presence and in the presence of each other

have hereunto subscribed our names as

witnesses:

NAME First Witness Name _______________________________

ADDRESS: ????

Vancouver, BC

OCCUPATION: _________

NAME: Second Witness Name ______________________________

ADDRESS ???

Vancouver, BC ????

OCCUPATION: _______

SIGNATURE OF THE TESTATOR: ______________________________

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http://www.disinherited.com/article/estate-claims-have-you-been-disinherited

http://www.taxtips.ca/willsandestates/willsample.htm