Quote:
Originally Posted by iminhell1
The thing that bothers me is that BMWFS asked for the will. That doesn't make any sense to me. IMHO (not legal) they have no right to see the will, unless they were specifically mentioned in it; which I'm quite sure they where not.
I mean what are they planning? If your dad left $10K to the church and still owed BMWFS money, they'd get a portion from the church fund? Debts before charity?
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It really depends on the state. From my very limited dealing with such issues wills become public by virtue of being submitted to the probate court. Probate is required if the assets are above a set limit. If probate is not required then the will need not be submitted (an affidavit stating the assets are less than the set limit may be required). Further, an executor is only for probate. No probate, no executor (and all named in the will have equal say).
In the case of the first spouse passing probate is may not be needed because of assets being held in joint-tenacy which means those assets are immediately passed to the surviving spouse. As such, the remaining assets could well be below the set limits.
As for BMW asking for the will, that is actually pretty egregious. I would have told them to pound sand. We did something similar when debt collectors tried to get information about my wife's father after he passed away.
When everything is done and the OP can muster the effort I would suggest filing a complaint with the BBB.