My grandad died a few months back and left no will.
My dad (as the oldest of the 3 kids) is the administrator dealing with all the probate. However i don’t think he plans to include me and my brother, does anyone know the rules on this? can i speak to probate myself? I know it may sound like I’m a money grabbing cow but honestly I’m not, but my nan and grandad always told me when they died they would def leave me and my bro some money and i just think its a bit unfair that everyone else will get the money. my dad is remarried and has another kid who will def benefit from his money.
Any help appreciated.
by the other kid benefiting i meant that he is young still and lives with my dad, therefore the 30k or so my dad gets the kid will benefit but me and my other full brother wont.
thanks fengirl that really helps. So can i ask to be added in and on to the administration paperwork, so that me and my brother are included, or will the courts not accept that? does the law says children and that’s it?
Does my dad have any say in it at all?
relax
don’t worry about it
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Alabama name change law section 26-11-3
said father can file petition to change his child’s name. My wife and I decided to change my kid’s name because kid’s classmate and teacher always mispronounce his name. The probate judge in our county set up a rule that we must hire a lawyer to file petition. I can handle the filing why should I hire a lawyer? I challenged the judge that state law did not require legal parents to hire a lawyer.
The judge replied me : “I do not want to argue with you and this is my rule. I am done with you.” What should I do and what is my option? I think the judge violated my rights and contracted with state law, did he?
The probate judge set up his rule: For minor name change, the parents must file petition through an attorney. and his clerk told me that is the law. I asked them to show me the book and what I find through online search is Alabama state law does not said that.
http://www.namechangelaw.com/states/AL/alabama.htm
Things to us is even much simpler. Both my wife and I want to change the name and both of us are the biological and legal parents of the kid.
Wow. That’s crazy. An uncontested name change should cost a filing fee and take a couple of hours.
A judge can’t ever force you to hire an attorney. Even if you were facing the death penalty, the most they can do is appoint a public defender to be your co-counsel.
If I were you, I’d report it to the Judicial Inquiry Commission:
http://www.alalinc.net/jic/
Contact the Bar Association in your county, and/or any local civil rights organizations (the ACLU or any minority rights group any of you happen to fall into the category of), and ask for legal help getting your petition through in the meantime.
Good luck.
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My grandmother passed away with no known will last month. She has no surviving spouse or siblings, just two daughters (and four grandchildren). Since she died without a will, must the estate go through probate or can her estate be divided amongst her two children without going to probate? This is in Arkansas if that matters. Her house was in her name and one of her daughters names.
My aunt said if the estate can be split amicably there is no need to go to probate, is this true?
You should consult an attorney in Arkansas. Generally it must be probated if it was in her sole name. If the house was joint it probably will not require probate for the house but there may be other assets to probate such as bank accounts and investments. So, the bottom line is you should contact an Ark. probate attorney.
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Im filing to correct a birth certificate in VT and need to know how long it takes to have a court date set.
usually 90 days
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Recently a relative died and my siblings and I have been named in the will. My sister called the lawyer to see If she could get a copy of the will. He said after Probate. We hear the term all of the time, but really don't know what it means.
The act of Probating the will essentially means sumbitting the will to Probate Court, a division of provincial/state court that handles estate matters. Accompanying the will would be an affidavit of sorts that the executor must give evidence on, like they are the person named as executor, the person named in the will is the one and the same person named on the death certificate and that to their knowledge no other will or testamentary document exists that would cancel out this will. The Courts will check to ensure that no other person has applied to deal with this persons estate and read the evidence submitted by the proposed executor. If it is satisfactory they will then issue a Grant of Probate which gives the executor the legal right and capacity to deal with all of the estate matters.
If you are named in the will you should receive a copy of same shortly after it is probabated. The reason lawyers don't bother sending out the will before hand is that the application for probate may not be accepted for one reason or another and it would therefore be preemptive to send it out beforehand and a waste of copying charges and postage. Where I live lawyers are required to provide a copy of the will and a tariiff form setting out the fees they are allowed to charge within 30 days of probate being issued.
Court documents (probate or otherwise) are public record so same can be obtained, for a copying fee, at the courthouse where same was filed. The probate clerk will have the file, but you can obtain it from the resgistry clerk.
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Both my parents are in their 80's and don't have living wills. I know, I know. but it's tough to insist when they are so close to the end of their lives. Anyway, they aren't legally married but share a home and some rentals. Some things are owned together, some as sole proprietor. Will the court let us kids decide what is best for the survivor or will it still be a long, expensive process?
No, the court will not allow the kids to decide.
A living will — also known as an advanced medical directive — determines how medical decisions are made if the person is not capable of making them themselves. Despite its name, it has nothing to do with a will that governs property distribution after death.
A testamentary will — which governs property distribution after death — allows the person to specify how they want their property to be handled.
Absent a testamentary will, the court is required to follow the existing laws (called "intestate succession") that determine how property gets distributed.
A will can be created very cheaply — there are forms they can download and fill out. But if they don't do that — the court will have to follow what the law requires — and neither the survivor nor the kids have any say in that.
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My husband and i married 5yrs ago but I never sent the paperwork to the probate court. Are we married legally?
I would like someone with legal knowledge or experience to answer this not just someone’s input or advise.
I want to get a dissolusion if we are married
It is time to speak with your lawyer. This is not something to guess about, even with the assistance of well intentioned strangers online.
If you do not have an attorney, use the lawyer referral service of your state bar association.
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My dad died over a year ago. I am his Exo. He lived in Mass. and has a house there. He also ownes land in Maine . Currently we are in the Mass. Probate court with his house in Mass. How do I change the name on the property in Maine to minr? Should I go to Probate Court in Maine also?
I assume exo means executor, or exe. Once you have probated the will you just need to provide the Clerk of the Court in Maine with the proof that the property now belongs to you. They will put it in your name. You might have to pay document fees.
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I was left some Property that was in a Living Trust. I have been tring to sell the Property but have been told it has to go through Probate Court,I thought that was what the Trust was for. What can I do to speed up the process?
Consult with a lawyer. Have them examine the trust. If the trust was drawn up properly you should not have to go through probate.
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My grandmother died and left me her car (no lien), but I dont know how to transfer the title without going though a probate court. She really didn't have any money and there is no "estate". Can I just get a salvage title or give the DMV her death certificate?
We had a problem with no will so I called our dmv / tag office. The nice lady there hinted at , but did not suggest, that I forge my dad's name on the title as seller. Did that and everything was OK, transfered the title to me.
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