Legal Question in Wills and Trusts in Idaho
Probate Question
My father passed away June 2006 he and I (his only child-adopted) had a vary acrimounious relationship. In his will he left everything to my Mother who was bed ridden in whatever filthy care center he shoved her in, only if she lived 90 days after him. She didn't make it to 60 days after he died. She did not leave a will.
As I was estranged from them due to the fact after my Mom's stroke he decided the money she received from her parent's estate was not to go to me (my Mom let me write checks on her account--we had an agreement she would help me out but I couldn't tell my Dad as when she first got the money she wanted to put my portion into a separate account and he threw a fit). Anyway, he found out and to punish her he left her alone barely able to use the bathroom by herself and then stuck her in a nursing home. He told me she had died and we had nothing to say to each other.
Last August 2007 an attorney for my cousin who was appointed my Dad executor got ahold of me to give me my Mom's portion of her estate. Yes, I signed the paperwork about no accounting received a paltry 60k but as I talked to my neighbors I realized that was a mistake.
Can I file some sort of rescind? Or find out what his assets were??
2 Answers from Attorneys
Re: Probate Question
The statute provides no method to rescind the acceptance of the distribution of assets once you file the acceptance. You should be able to find court from the probate record what the assets in the estate were,, and you may be able to find an attorney who is willing to litigate the issue of the validity of the filing of the acceptance. What happened to the estate under your Dad's will if your Mom did not survive him by the 90 days?
Randy M. Lish
Re: Probate Question
Depending on what you signed, you may be able to amend the settlement. If the documents you signed are not clear, or if there was not a complete disclosure you may still have some rights. You may call for a free consultation.
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