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Old 08-10-2005, 01:05 PM
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Join Date: Aug 2005
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Default Legal rights if a will is destroyed???

My grandfather died in 1977. He had two sons, J and my father T. T died in 1972. My grandfather was divorced and to some extent estranged from my uncle J. Upon my grandfather's death, my uncle J went to his apartment and sifted through "deplorable" conditions according to J. I was 4 years old at the time and J set up a trust account for me and petitioned the courts to be my financial guardian because he did not trust my mother. I am 33 now and J has told me more than once, recently, that "the grandchildren inherited everything in grandfather's will." Since J did not have children at the time he told me I inherited everything. This did not seem right so I contacted the probate court in Wyoming and requested all of the documents regarding my grandfather's estate. The documents clearly show that a will was not filed and J and I split everything 50/50. When my grandmother passed away a year ago she left 50% to J and 25% to Me and J's daughter. J kept telling me I inherited all of grandfather's estate. I have recorded phone conversations with J where I have caught him in lies. Do I have any legal rights regarding this situation?? I do believe my grandmother was told by J that her ex-husband gave me everything. That would have really made her mad and it is a lie. I have written J about the legal documents and the fact my grandfather died intestate, but have not gotten a response. Any advice would be greatly appreciated.

Thanks in advance!!
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Old 08-10-2005, 02:12 PM
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Join Date: Jun 2005
Posts: 456
Unhappy Will Questions

If your grandfather did die intestate (without a will) most states distribute the estate according to generation (this assumes there is no spouse). Since your grandfather had a living son and the issue of a deceased son (you) then most states divide the property 50/50 when there are two kin. You will want to research the law and take into consideration the year 1977 when conducting your research.

As for destroying a will. This sounds like it may be hard to prove. Did anyone know about the will, see the will, or know if he gave a copy to an attorney or anyone else? If the answer is no you will have to prove that he destroyed the will which sounds like that may be impossible. Usually in cases where there is a destroyed will a copy is found or witnesses testify regarding the will.

Last edited by legaleagle : 08-10-2005 at 02:38 PM.
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