Will /my dad

Res68

New Member
Jurisdiction
New Hampshire
Not sure on how to word everything so I will just come out with my concerns. My mom died like 16 years ago and my dad got himself a new women and we believe she is out for his money. He did not get remarried to her because she has allot of debt and he says if he was to marry her then her debt becomes his. I have tried to talk to him about my concerns and asked him if there is a will and he says yes there is but will not tell me who is overseeing the reading of the will or in charge. She the girl friend of my dad is the only one with a key to his house and she does not live with him. We are afraid that if something hapens to him,she will go in the house and clean house. How can.we prevent her from going into the house without us kids or the executive not knowing who that is.?
Please help me on what I can do.
Thanks
 
How can.we prevent her from going into the house without us kids or the executive not knowing who that is.?
Please help me on what I can do.

There's nothing you can do while your Dad is alive unless he's willing to involve you in his estate planning.

However, the best thing you can do is educate yourself on the NH probate laws and probate procedures so you are prepared for the eventuality:

2015 New Hampshire Revised Statutes :: Title LVI - PROBATE COURTS AND DECEDENTS' ESTATES

New Hampshire Judicial Branch - Circuit Court Probate Division

Immediately upon learning of your father's death, you go to court and open probate under intestacy and ask the court to appoint you representative of the estate. The faster you do this the faster you get the authority to act on behalf of the estate and take possession of his house and his assets and secure them from the girlfriend.

Doesn't matter if he has a will or not as that can be addressed later on (unless you somehow get the original of the will at some point).

Once you have the court's written authorization in your hand you can get a locksmith, open the house, walk in, take possession, tell the girlfriend to leave and call the police to report trespass if she doesn't, and report theft/burglary if you know anything to be missing.

Any failure on your part to act immediately gives the girlfriend the opportunity to clean out the place and the longer you wait, the less you'll be able to do about it.

One more thing, if you have reason to believe that your father is losing his faculties and becoming incompetent to handle his own affairs, you can go to court and seek conservatorship over him. That, unfortunately, is an expensive and time consuming process, but something to think about if necessary.

Bottom line, though, is that as long as your father is alive and mentally competent he is free to spend all of his money on his girlfriend and give her all of his worldly possessions and there isn't anything you are likely to be able to do to prevent it.
 
Is your father mentally competent? @adjusterjack refers to this and that is a very important fact you should take into account. You should first consider why you believe this woman has such great influence. Collecting evidence to the effect that your father is making irrational decisions that a reasonable person would not make could be helpful evidence supporting a petition to the court to declare him not mentally competent to handle his own affairs. If possible, taking inventory of the items in your father's house might be a good idea and photos could support your allegations that estate property might be missing. None of these things change the challenges involved with a competency hearing for conservatorship or dealing with issues in a probate court.
 
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