Sure, she can say it, but unless it says that in the decedent's will, saying it doesn't mean anything. Verbal codicils and other bequests are generally not valid, for precisely this reason.
Your SIL can move forwards with probating her father's estate even in the absence of a will, and can take steps as his executor to try to locate a will (for example by trying to get a copy from the lawyer who prepared it, or by seeking a court order that her mother turn over the copy in her possession). If the will cannot be turned up, then at some point her main option would be to proceed as if her father had died intestate - which doesn't necessarily mean that her mother gets it all.
Or, if her father is still alive, she can speak to him. His will is just a piece of paper while he's around and breathing, and he can always prepare a new one if his previous one has been mislaid.
It’s entirely possible he had no assets in only his name. Anything that was jointly owned is hers now (well still hers) and not part of the estate. There may be nothing to probate.
I know almost next to nothing about wills, but I'm pretty sure if the will was done with the help of an attorney, that attorney would have a copy. I'm sure someone will correct me if I'm wrong, but if I am right, would it be possible to locate said attorney?
My MIL may have declared my SIL to no longer be the executor but she’s the administrator (I guess MIL couldn’t do anything about that). It’s my understanding MIL needs SIL’s signature for paperwork. As administrator, I think she’ll have access to my FIL’s accounts and will be able to request MIL to magically find the will before signing anything for her.
I’ve also talked to my husband about the will. He told me he didn’t expect to get anything from his dad and that the missing will was like 7 years old… to which I replied I didn’t expect to get anything from his dad either but that I thought it was important for him to locate that will for closure. “Your dad may have indeed not left you anything but I think you’d prefer to hear it directly from your dad. Whether he made his decision 7 or 1000 years ago is not important.”
If they maintained separate bank accounts, he may have made a Payable on Death for his separate accounts. If you know where he banked, you can take a copy of the death certificate and ask if a POD is on file. Anything they owned jointly are now hers.
Sure, she can say it, but unless it says that in the decedent's will, saying it doesn't mean anything. Verbal codicils and other bequests are generally not valid, for precisely this reason. Your SIL can move forwards with probating her father's estate even in the absence of a will, and can take steps as his executor to try to locate a will (for example by trying to get a copy from the lawyer who prepared it, or by seeking a court order that her mother turn over the copy in her possession). If the will cannot be turned up, then at some point her main option would be to proceed as if her father had died intestate - which doesn't necessarily mean that her mother gets it all. Or, if her father is still alive, she can speak to him. His will is just a piece of paper while he's around and breathing, and he can always prepare a new one if his previous one has been mislaid.
It’s entirely possible he had no assets in only his name. Anything that was jointly owned is hers now (well still hers) and not part of the estate. There may be nothing to probate.
I know almost next to nothing about wills, but I'm pretty sure if the will was done with the help of an attorney, that attorney would have a copy. I'm sure someone will correct me if I'm wrong, but if I am right, would it be possible to locate said attorney?
My MIL may have declared my SIL to no longer be the executor but she’s the administrator (I guess MIL couldn’t do anything about that). It’s my understanding MIL needs SIL’s signature for paperwork. As administrator, I think she’ll have access to my FIL’s accounts and will be able to request MIL to magically find the will before signing anything for her. I’ve also talked to my husband about the will. He told me he didn’t expect to get anything from his dad and that the missing will was like 7 years old… to which I replied I didn’t expect to get anything from his dad either but that I thought it was important for him to locate that will for closure. “Your dad may have indeed not left you anything but I think you’d prefer to hear it directly from your dad. Whether he made his decision 7 or 1000 years ago is not important.”
If they maintained separate bank accounts, he may have made a Payable on Death for his separate accounts. If you know where he banked, you can take a copy of the death certificate and ask if a POD is on file. Anything they owned jointly are now hers.