My father just died and my stepmother locked me out of his house and his life. He has several real estate properties and a company.
I have the original will that states I am the executor of will. Though the will was never filed with the courts and it does not have her name on it. It is notarized, has two witness signatures and the attorney name whom drafted the will (he is now deceased too)
I also have a copy of their prenuptial agreement. This was found online through the county clerks office, so it is filed. On the prenuptial she signed over her rights to own anything.
My stepmother doesn’t know that I have or know about either one of these documents and I have not told her.
My question is how do I enforce a prenuptial agreement and kick her out of the house?
How can I put a stop to her accessing his company bank accounts? And if she took anything out of them can she be required by law to return the money?
I’m outraged to see everything my father work for go down the drain.
MLaw said:
Feb 02, 09 at 2:19 amYou can’t enforce a pre-nup. Only the executor of the estate can & you’re not that until the will is offered & accepted for probate. So stop wasting your time on YA & call a local lawyer who can do something for you.
Satan said:
Feb 02, 09 at 12:50 pmGet an attorney. If she signed the prenupt, then she’s been stealing from his company since the moment he passed if she’s taking money from it. An atty. should be able to put a prompt stop to it, as well as seeking all financial damages from her, up to and possibly including paying his fees.
wizjp said:
Feb 04, 09 at 7:29 amTake the will to the probate court now and begin the probate process; turn the eviction over to an atty for the estate as an asset of the estate. You don’t file a will until after death in any case, and the fact she isn’t included means she has nothing coming.
kitty said:
Feb 05, 09 at 1:28 pmALL YOU HAVE TO DO IS TAKE A COPY TO THE BANK HAVE THEM MAKE A COPY OF THE AGREEMENT AND TELL THEM SHE HAS NO ACCESS TO ANYTHING THEN CALL THE POLICE AND TELL THEM THIS IS YOUR HOUSE HERE IS THE PAPER WORK AND HAVE THEM ESCORT HER OUT IF THEY WON’T DO THAT GO STRAIGHT TO THE DA OFFICE AND FILE CHARGES AGAINST HER MAKE SURE YOU GET THE KEYS TO THE HOUSE KEEP THE ORIGINAL COPY THIS IS YOUR ACE IN THE HOLE BUT ACT FAST THE PAPER SPEAKS FOR IT’S SELF BEST OF LUCK
holocene_epoch said:
Feb 05, 09 at 8:15 pmGo to the police and get an attorney.
goz1111 said:
Feb 05, 09 at 8:35 pmRetain a estate lawyer right away, to make motion in court to freeze assets etc, but if they have joint accounts or title land jointly she gets those most likely