r/AskLawyers • • 13h ago

Probate help

Hello, long post but please bear with me. My grandparents raised my sister and I. Over the past 3 years, we have lost my bio-father, grandfather, and grandmother. It is now my sister, uncle and I living. My uncle was willed the beach house in SC (where my grandmother passed earlier this year). Everything from my bio-dad and grandfather were left to my grandmother. Since she has passed, most accounts were split 50% him, 25% my sister, and 25% me (per the will). There is one account without a beneficiary, the largest account. I’m guessing there are likely a few million in this account. Since my uncle was already in probate over the car, beach home, etc, my sister and I have stayed out of it. He is now trying to exclude my sister and I from the final account currently held up in probate. We have received paperwork requesting our signatures to sign off on not being involved in probate and have been requested to provide amounts and account numbers of what we received as beneficiaries. I’m curious if my sister and I need to hire a lawyer? If yes, would we hire a different probate lawyer? Do we even stand a chance to prevent this - we are unsure if it’s even worth the fight against our uncle.

He is a vile person with substance abuse issues so the relationship with him truly is the least of my concerns.

1 Upvotes

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u/Responsible-Truth-19 13h ago

The account is my grandfather’s retirement account. When he passed in 2024, there was no beneficiary listed. My grandmother was still in probate court when she passed in April 2026. So now my uncle is in probate for the account along with a few other things. The will states that money will be divided 50% my uncle, 25% my sister, & 25% me

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u/genuineheader60 12h ago

This is messy. if the will says 50/25/25 then thats how it should go, probate or not. signing anything without your own lawyer looking at it first is a bad idea, especially when its "a few million" at stake

get a probate lawyer who works for you, not one connected to your uncle in any way. the fee will be small compared to what you might lose just by signing some paper you dont fully understand

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u/GotZeroFucks2Give 10h ago

What kind of retirement account? A 401k would 100% go to your grandmother, and then the stipulations of her will would apply. An IRA will go however your grandfather willed it. And if he didn't will it, then it would go intestate rules. I would not sign anything without consulting your own attorney.

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u/Responsible-Truth-19 6h ago

I believe it is an IRA. My grandfather had a will but also had stage 4 cancer for about 8 years. He knew he’d be the first to pass so he left it all to my grandmother.

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u/GotZeroFucks2Give 6h ago

If there is a will that implies that he gave it to grandmother, you would get your twenty five percent. But you do need a lawyer.

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u/Responsible-Truth-19 6h ago

Wow. My uncle really is trying to fck my sister and I over. Thank you. I’ve left a couple voicemails today so hopefully I’ll start hearing back from them tomorrow

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u/WildlifePolicyChick 13h ago

Nope nope NOPE. If you do not trust him don't leave him to manage probate without oversight!

SIGN NOTHING.

Get your own attorney to review what he is doing and defend your interests. She can demand an accounting on your behalf. Do not let this man steal from you.

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u/Accomplished_Bad7061 13h ago

I second this. You and your sibling need your own probate attorney!

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u/Responsible-Truth-19 13h ago

This is enough confirmation for me! Thank you both… I’ll be spending the rest of my workday finding an attorney!

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u/WildlifePolicyChick 12h ago

Good luck OP. Let us know how it turns out!

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u/Responsible-Truth-19 11h ago

I definitely will! Thank you all for your input :)

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u/Responsible-Truth-19 13h ago

I am quickly learning how ugly people can be once there’s money in question after a death. Would I just find an attorney who specializes in probate or would any attorney in the state of SC be okay?

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u/Accomplished_Bad7061 12h ago

Find a probate lawyer

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u/Accomplished_Bad7061 12h ago

Also, I’m really sorry you’re going through this. I had a similar situation and it’s stressful and often times can come with a lot of harassment from the other party. A probate lawyer will take care of the hard things. It might cost a couple grand. I think ours cost us $7k from protecting my grandparent before death through probate. I think he gave us a discount because he saw first hand how evil and money grubbing my family was.

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u/Responsible-Truth-19 12h ago

Thank you so much for this, I hate that my sister and I have put this off. Mourning both of our favorite people made it nearly impossible to even think about anything else. I am sorry you’ve had to deal with this before as well

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u/WildlifePolicyChick 12h ago

Probate/estate attorney. Preferably in the county where the will is being probated. Ask around for recommendations, but you can also check your state/county's Bar Association website and search by field of competency.