probate question?
oK… my dad died in oct-2006.
Probate was just filed on 1-mar-2007 and courtdate of 12-mar-2007.
Executor: My uncle – lawyer was retained by him.
(He had stated previously he was reliquishing his executor status to Edward Jones (yet the laywer & docket info say uncle filed.
Question: as one of several direct children should we have recieved any notification about the probate before now…or is that still something that will happen during the course of probate process.
My biggest problem is that Im getting contradictory info depending on who I talk with (Lawyer,investment rep, uncle, etc?)..
Our dads will & trust is mostly going to his kids (us) though not all.
Only the house & personal items are not in the trust, yet the trust is seemingly being held up by probate (which doesnt make sense).
The file is too new for much to have happened yet, so it wouldn't really be accurate to say anything is being held up.
Your Uncle's previous statement of relinquishing executor status has no legal effect. When it gets put on paper and approved by the Probate Judge, he's no longer Executor, and the new one may be determined by what the Will says. Until then, your Uncle is it.
You are probably getting contradictory information because most of them don't know what they're talking about. The Lawyer is the one that should give you straight answers, assuming you are an heir under the Will.
If you are, you will be notified of everything the Probate Court is asked to do, before they decide whether or not to do it
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