Location: California
Hi everyone, my dad died recently and it was revealed that he has a mistress. My parents have been married for ~30+ years and my dad has been with this mistress for 25 years. My dad owes the IRS a lot of money and we understand that my mom will be responsible for that debt. The mistress revealed to us that she has a last Will of my dad signed by him and two witnesses. However it was not “official” in the sense that it was not done with a lawyer so I’m not sure how water tight the Will she holds is. The Will includes land property and (a) business which we would need to obtain in order to pay off his debtors; such as the IRS. We have been speaking with a lawyer already but we are still at a loss of what to do considering my dad was very secretive with his business and how slow this process is. I’m seeking some advice or anything that will help me and my family feel more at ease with everything that’s going on. Please let me know if there’s any more information I need to provide. Thank you.
Comments
Someone needs to petition the court to become executor of the estate and begin the probate process.
Though with the will, even if not done by a lawyer, may still ve valid but would need to be submitted to probate court as part of the probate process for a combo of creditors and whether other parties want to challenge the will.
If the will is thrown out, then it would follow state intestate rules.
NAL. Regardless, his estate owes the IRS money. Won’t (in most cases) be distributed to any heirs until that debt is satisfied.
You need a lawyer to help you with probate and reviewing the will. Even if the will is valid, his assets will go to pay his creditors, including the IRS before any distribution to any beneficiaries either through the will or intestacy.
Not sure if probate laws in CA, but most States adopt the uniform probate code and a spouse is entitled to a minimum share of the other spouse’s estate without regard to what a will says.