probate rules blog

Archive for the ‘probate help’ Category

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Father die without a will,the siblings wants to sell without goinging into probate.

Depends on many factors, starting with clarity of your question. Are these "siblings" his children? ALL of his children? Did he own the home himself? Did it have a mortgage? Did he leave a widow? Does his state have a simplified probate procedure for his residence? Did he have any creditors? Were his funeral bills paid? Take this to a local lawyer to whom you can give answers to these questions & maybe you'll get an answer.

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My father passed away the end of Aug. 08.
My stepmother has not mentioned a will although I was told that there was one. How long does it take a will to go through probate. And how long should I expect to wait before some kind of notification?
The children are kind of at the mercy of our stepmother right now, and don’t know how to approach her on this matter. My stepmother is in her 80’s.

What recourse do we have if any? My father lived in Pennsylvania.

Sorry about your dad - thats very sad for you. My dad passed away in March 2007 and his will has only just been sorted out and I received my inheritance last month. If its not complicated, then it should be fairly quick but even then, it depends on the lawyers. Most people have executors nominated by the deceased when drawing up the will - these people ensure that the will is sorted out and that the people in the will receive the money etc. If you know who the executor is, you could approach them - other wise, just ask your step mother. She cant help if she doesn’t know the problem - but it might be a little upsetting for her right now - its not that long since he died.

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and who is able to probate?… a recent uncle died (no kids or spouse) and he left 80% to a stranger and left my mother 5%… can I contest as a niece?

1. Is there a reason why you are asking for answers from strangers on the Internet rather than a licensed attorney in your province?
2. Where there's a will, there is a lawsuit.
3. I believe that you will need to prove that your uncle was incompetent or someone used undue influence on him.
4. Most attorneys will give you a brief, free consultation to advise you if you have a case.
4a. You will need to prove that you ahve standing, that is, a legal interest in the case, in order to file.
5. If any of us here are wrong, you cannot sue the Internet.

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In 1996 it was possible for my cousin and me to probate our aunt's will without the help of a lawyer. No one would help us, we did all the research of forms needed. Has the law changed or am I being ignored again, when I ask the question?

I dont know which country you are in but in India it is a constitutional right to represent yourself in any forum. No one can force you to engage a lawyer. Presumably this must prevail in any democratic country.

No individual can 'probate' a will; it is the competent court that grants the Probate. You can only apply for grant of probate.

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I am the executor of a will and I am told that details of the will have to go to probate. What does this achieve? Who makes out of it?

What is probate?

When a person dies somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money, paying any debts and distributing the estate to those people entitled to it.

The term probate often means the issuing of a legal document to one or more people authorising them to do this.

The probate registry issues the document, which is called a grant of representation.

These are three types of grant of representation:

Probate

Issued to one or more of the executors who are people named in the deceased will to deal with the estate.

Letters of Administration (with will)

Issued when there is a will, but there is no executor named, or when the executors are unable to apply, or do not wish to be involved in dealing with the estate.

Letters of Administration

Issued when the deceased had not made a will, or any will made is not valid

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What if the family members do not see a need to probate, but they do have a bit of property, like a house, a car? If spouse removed deceased spouse from bank, house and car titles, is probate still needed?
Also what if one of the children was removed from the will by the living spouse, is that legal?

What the family members "see" or don't see doesn't matter; state probate law is what matters. Consult an attorney.

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My husband's mother died leaving some land. It is still in probate or listing i in an estate. We are wanting to eventually sell the land.

How can you handle it if it's in probate? It's not yours! Wait!

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My uncles will was put in for probate and now it had been rejected. What does that mean. Does that also mean I can now get a copy of the will?

Generally that the will was not acceptable for filing; (signatures missing, pages wrong, no witnesses, no notary, executor failed to qualify) so, no, there is no copy filed with the public record to GET a copy of.

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Not long after my dad passed two years ago, it was discovered he had some property. It was sold, and the money left is to be divided between my half-sister, stepmother and I. However, my half-sister argued about the amount not being enough, so stepmom told her lawyer to put the matter through probate. My stepmother hasn't said much about progress on the matter since that time, and I'm wondering what is the problem. Since my half-sister has been harassing her since before Dad passed and afterwards, I would think my stepmom would want to lean more on her lawyer to settle things and permanently get her off her back. Unlike my half-sister, I do work for a living, so I'm not desperate for the money. However, I have a few bills that the funds would pay off completely. I don't want to bug my stepmother constantly about this, but it seems that two years is long enough to settle Dad's estate. It is not like he was a millionaire.

Usually 6 - 12 months.

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