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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We understood that these were irrevocable trusts and that the two properties would not be subject to probate upon our deaths. We were also told that after a certain number of years that nursing homes could not force us to sell these properties. Have the rules changed now or are we still protected under the “life estate.” We live in Ohio.
Sweeping new changes to the Ohio medicaid estate recovery and lien laws were enacted with the signature of Governor Taft to the budget bill (House Bill 66) on June 30, 2005.
The effect of House Bill 66 is that Ohio joins about fourteen other states in adopting an expanded definition of “estate”, and just the second state to adopt the most expansive definition permissible under federal law. Accordingly, whereas previously only the assets of the medicaid recipient passing through probate was subject to recovery by the state, now any asset in which the individual had an interest at the time of death may be recovered by the state.
This may include the house, life insurance and annuity benefits, in addition to survivor-ship accounts and trust assets. And unlike other states, Ohio’s statute did not expressly limit the expanded recovery to the future. Therefore, Ohio may attempt to recover resources retroactively.
Fortunately, the federal law provides that no recovery may be made while the individual’s spouse, child under 21 or disabled child is alive.
You can read the entire acticle here:
http://www.ohioelderlaw.com/48.aspx
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There are no outstanding mortgages, auto loans or credit card debt. No money owed to anyone.
Considering what you have at stake here, you’d be better off asking a real attorney in your state rather than a bunch of “Yahoos”.
Wills do nothing to avoid probate, they just direct traffic so to speak so that a judge doesn’t have to do 100% of the work determining who is due what after someone passes.
In this case, probate will be very simple and incur minimal fees. An inexpensive bond can be posted and the estate completely liquidated prior to the probate time period running its course.
If the widow didn’t want to have her estate probated she could have taken care of that easily right up to the time of death. Hers was the decision to go through probate or not and now she’s not around to handle the aggravation, time, small expense, etc. I say small expense depending on the size of the estate. If it is very large then her negligence could cost her heirs big-time.
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Property is now in the name of the two daughters according to the county assessor’s office but the daughter I have contacted says it is in probate and she cannot sell until that is finished.
You may purchase property that is in probate, it is done all the time. The only difference is all funds obtained from the sale of the real property must be accounted for and placed in the current probate so as to be divided by will, the court or other legal documents by the one that left the property.
You should check with the probate attorney about the sale.
Perhaps the daughter does not want to sell the property and/or the family has plans for the property after probate.
I don’t think Missouri has different laws, but check with the probate attorney.
I hope this has been of some help to you , good luck>
“FIGHT ON”
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The executor of my mother’s estate (she died without a will) has comingled the estate funds with his personal accounts and not provided documentation/accounting of estate balances/payments.
We have recently learned that some royalty checks have been cashed and pocketed (he says they were used to pay bills of the estate but the last bills were paid over a year and a half ago; these checks are from more recently than that). My sister and I have still not received any money from the estate, although we are sole beneficiaries on 2 accounts. We have hired an attorney but they seem to want to get it all settled and done with.
We want to know what can happen to the executor for his misconduct? The attorney the executor has hired is trying to take the blame for most of it – the judge ruling on the probate has admonished them in court and threatened to remove the executor but at this time that would seem pointless; she died in May of 2004? We are frustrated with the whole situation!
If your mother died without a will, then her Personal Representative was administrator, not an executor.
Administrators are normally required to post bond unless the estate is very small (“voluntary administration” in New York, for example).
You should see if you can claim against the administrator’s bond. If there is no bond, you can get a judgment against the administrator.
But you haven’t given enough facts.
The first thing to do is to file a request (motion) for an accounting.
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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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