Dad died will cant be "found" so now..

Hello
im new to the boards and have a few ?
Im in KY.....


Hello 3 wks ago my Dad (stepfather) died. my mom his wife ( common law wife but KY doesn't recognize this. )

His sibling except 1 have taken his property, moved items out of home, changed locks & banned my mother from entering their house & taken all the cars. they are driving the cars & the brother along w/ his girlfriend now are living in the house. We have video tapes of the property being taken from house & video of them driving the cars.
the siblings went out that very morning to see their attorney. had the probate hearing set for 8/27/07 but courts ended up being closed for a memorial.so it been rescheduled for 9/5/07.

my dad had a will he had written and told over 6-8 people where it was. and over 3 what exactly was in it.
actually read it to his youngest sister and told her- actually made her promise she would see his wishes were done. the brother along with this sister were to be executors and follow his instructions. they were very detailed.
the night my dad was found dead in his home office while my mother and the sister were with the police and my dads body the brother took the will and now says he never had the papers. the other sister went into the safe to get the back up copies so no one has seen it since.
so now they are acting as if my dad wanted the brother to have everything.

in the actually will-which was not filed but written and signed, my dad left my mother the house and all appliances she wanted. told them to liquidate all cars and what ever mom didn't want in the house i.e collectibles ext. along with his insurance policy where the brother was beneficiary. the money from liquidation and life insurance was to be split among the brothers and sisters.

my parent were not married in a KY legal sense although hey held each other up as husband and wife. my dad made his brother the executor because he really felt he would do the right thing and not give into the greed his sisters normally show.they would have made mom miserable and really acted fools! He really thought his brother would do right.
example of the greed: while my dads body was still in the house the were going through his pockets..the oldest sister even cut his pockets to get his wallet.

the 1 sister is contesting so the brother isn't appointed executor.She is a minister & dad read & showed her the will &what was in it.
Question..
Is it legal 4 me to video tape from public property not on dads property. my house is literally down the street.

Is it legal for me to video where the cars are..since they have been removed from the property and are being driven? also the cars now have no insurance . dad died before the next payment and mom is not paying the insurance. cars are only in dads name. (my mom is disabled so for financial reason her name wasn't on anything)

any answers would be appreciated.

First of all, what the deceased READ to people, or TOLD people is irrelevant. Example: Recently my husband of twenty years was killed in a work related accident. He had a will, and has had one for nearly ten years. It was at our attorney's office for 'safe keeping'. Even though he had a will, I was informed that the probate judge does NOT have to follow it. In other words, the will simply outlines his wishes which most judges will follow. However, just because it is written there does NOT mean the judge is compelled to follow it. Even WITH a will, getting his assets liquidated, and/or put into my name has been a nightmare. I have had to surrender the tags on ALL seven vehicles we own, even a vintage truck he bought right before he died , but I personallly paid the taxes on AFTER he died. Nothing is a given--even WITH a will.

Unless the actual WILL is produced, what he "told" people is, for the most part, irrelevant. Another example: A friend of mine's mother passed recently. She refused to make a will, but everyone in the family agrees upon what her wishes are regarding her property and house--no debating. She even wrote on the title to her vehicle, "THIS IS TO GO TO MY SON, SO-and-SO" and had it WITNESSED. No deal. No will. The vehicle went into her estate.

You can videotape from any public place, as long as you aren't violating someones privacy, like attempting to tape between closed blinds or something like that.

Be at the hearing, hire an attorney if the cost of doing so is less that what you stand to glean from the estate. Removal of these things from the home is criminal--and the police can and will investigate. Also, the missing will is also a criminal act. Did an attorney prepare the document? If so, he probably has a copy in his records. I know my attorney did and still does. While it may not carry the same weight as the original, it does substantiate the claim that there was indeed one.

Probate courts are used to this type of bickering and disputing. In all probablity, the court will appoint its own executor or personal representative of the estate, and completely forgo appointing someone from the family since doing so can eliminate a lot of strife.

Amazing how something as tragic as a death can bring out the worst in people. While I didn't see this per se in my husbands recent passing, I see it now since he left behind seven children that we brought into this world.

If isn't the children the extended family is interested in, exactly. They are more interested in what happens to the sizable amount of money the estate is worth as a result of the workmans comp death claim, as well as two lawsuits, one for wrongful death, and a survivor suit against the state, since he was the passenger in a work truck that was struck head on by a school bus traveling on the wrong side of the road at a high rate of speed, not to mention life insurance policies. Suddenly, family members I haven't seen in decades, are suddenly coming out of the woodwork either needing money or "offering" to "care for the children" if "SOMETHING" happens to me. Isn't that just SO special? Amazing what greed does to people. I'm sorry you, too are seeing it first hand.

Perhaps those of you interested in following the deceased man's wishes could hire an attorney together--at least to contest the appointing of the greedy relatives, or any relatives, for that matter.

I'm sorry for your loss. Best wishes.

Yes, you can videotape on public property, from the public street in front of your home or others as long as you don't step onto private property. I'd recommend a date/time stamp on the film as documentation as well. With an attorney's help, I'd also suggest a detailed itemization of all possessions you're aware of, especially given the circumstances you've posted.

You've described a particular nasty situation that unforunately occurs more and more often these days. You'd be well within your rights to report the cars missing if they're a part of your father's estate and in his name only; the fact they're uninsured alone and being operated by other parties is against the law. If you do that, however, be aware it's possible the vehicles may be impounded and set aside as part of his estate until the will is probated. You also may be subject to fines (for lack of insurance, towing and impound fees) that will either need to be paid up front or out of the cash proceeds of the will. Something you might want to think about before you act.

Your best bet in a case such as this is to contact an estate attorney immediately for specific answers to your questions. No 2 cases are the same and more importantly, each state has its own laws/statutes for situations such as yours. Whether or not KY recognizes common law in probate matters; how to locate the "missing" will are only a few questions you need to discuss at length with counsel. Particularly given the disappearance of your father's belongings so quickly after his death. I'd recommend you and your attorney also discuss requesting the courts to assign either a temporary or permanent executor; one with immaculate credentials and obviously, NO interests in the estate. An objective, professional third party will make certain no more possessions "vanish" and that all parties are represented fairly during the probate procedure.

Good luck to you and your family. Hopefully, if you can obtain good legal counsel very soon, you can put a stop to the 'in-fighting' and misappropriation you've described.