My father passed away a few years ago and left an estate without a will.  I live over 800 miles away from the estate.  Since I'm unable to get to the state it's in my siblings promised to handle all the paperwork.  They haven't done anything.  Is there any course of action I can take to either work it out in my state or, even though I don't want to, force them into settling the estate.  I'm just not sure what to do.  Thanx.  Also, is there a time limit on this?  Thanks again.
132992
If your father passed away without a written will, signed, witnessed and notarized, then he died intestate.  According to Common law, which is basis of most U.S. states legal code, (except for Louisiana, which derives from the code Napoleon,)  an estate intestate goes into probate (a type of court meant to oversee estates.) The court then administers the estate to fulfill the following tasks:\n1) to discharge any just debts and estate expenses (funeral, administering the estate.)\n2) depending on the jurisdiction (which state your father died in) establishing the legal existence of the heirs-of-his-body (you and your siblings and any other family he might have) and his heirs-at-law (any legal partnerships or contract relations he might have had.)  \n3) based on the above findings, dividing his real estate (property) among his heirs according to the laws of that jurisdiction, and disposing of his chattel (things/objects that your father might have owned or been a partner to) according to your father's debts, the claims of creditors or partners (if any) and the legal claim of family.\nThis is a very long and drawn out process, which includes posting the announcement of your father's death in the newspapers for a set amount of time, filing all the relevant papers to show that you and your siblings are your fathers' heirs (birth certificates, etc.) and finally getting all the interested parties to sign off on the decisions of the probate court.  this process can sometimes take a year or more, as the estate slowly makes it way through the court calendar. \nAs to the question of time limit, that gain depends on the laws of the jurisdiction in which your father died. You can get a basic background on the process here:\nhttp://en.wikipedia.org/wiki/Intestate\nFinally, keep in touch with your siblings and see if there is anything they need (in terms of documents,) but try not to push, probate is an excruciating process - legalistic, slow, yet again and again you are reminded of the one who has died as you have to dig through records to find insurance policies or deeds or letters required by the court.\nA final word to you and all readers, write a will.  You do not need a lawyer, (although that can make the process easier.) You can get a form for a legal will a good office supply/stationary store or a legal supply store (we can also download forms now, here is one site with a free form and guide:\nhttp://www.ilrg.com/forms/lastwill/10steps.html\nthere are others.)  Make sure that you sign the will with two witnesses, in front of a notary public (you can find one at your bank or, often at a mailbox/ packing center - like Kinkos.) Either leave instructions (and, ideally money) for your burial, or, if you can stand it, arrange it yourself before hand with the mortuary or burial society of your choice. Make sure you leave only the copy(ies) of your latest will - ALWAYS DESTROY ANY OLD OR REWRITTEN WILLS.  Make sure that you family, care-givers, lawyer knows where your will is.  I know this sounds like a hassle (and it is,) but it will save your family a lot of extra grief aside from that they will feel at your loss, and it will make sure that most of your estate goes to your heirs and not the courts.
323363
Dear Friend,\n\nWhen people with wills (testators) die, their family has to go to court to get the will approved (probated).  The family (or orphan's) court in the county where your grandfather lived should have a record of having probated it.  Call the county courthouse and explain your situation.\n\nYour Friend,\nFrancesois
217754
after a certain amount of time, they wont go after you, but if you owe and receive the inheritance say tomorrow, it will all depend on how the will is structured. If there is no will and it is a straight next of kin arrangement, they sure can go after that money. Not only that, but any unpaid debts of the benefactor can be deducted from the amount of the inheritance.
498932
I hate to say this, but you are probably up "sheep's creek without a paddle"!\nI am presently going through the same ordeal. My mom passed away and left a will, so we thought! Sometime in her last days my brother managed to coerce her into doing a new will that left him as power of attorney, executor of the will, and recipient of all her bank accounts! I knew for a fact that my mother was not capable "mentally" of doing this due to her condition! I protested to no avail and the court refused to budge unless I hired an attorney. The attorney wanted a $25,000 retainer fee that would "begin" the objection and more than likely result in a law suit against my brother that would have cost far more! It just wasn't worth the effort. However, with all said, the man above sees all and punishes those who go against his word! So in my heart I know his day is coming and we can all celebrate when the moment arises!!!!
569702
keep in mind that all property passes to the surviving spouse when one spouse dies...unless otherwise specified. Even though there was a will...unless it specifically states a division of assets...you might be entitled to nothing. If the two were divorced, it complicates things if the will was not updated. Also, if you are a minor, you have less control than if not a minor.\n\nHowever...the fact that a will was not shown to you IS curious. Do what the first person said. A will becomes public information. Go get a copy! It will just be a few bucks copying charge and then you'll know....
471296
I did know of a case once where a family were left a very grand house on condition that they lived there as a family.  I didn't see the will, and only had their version of things to go on, but it is possible to make a bequest subject to a condition, in which case the testator (person making the will) has to spell out what will happen to the property being left if that condition is not/ceases to be fulfilled.  I don't think your flatmate would give up her freedom to go back and live with her mum without good reason.  Whether that good reason is to do with the will or because her mum really needs her there is her business, and whichever of the two it might be I don't see how you can describe it as selfishness.
393128
State procedures vary, but in  general the will must be admitted to probate; the court will have to issue some type of order that you are in fact the owner; the order & death cert. will have to be recorded in the public records.  You will also have to submit and/or record some clearance from the court or your states' tax collector, and/or the IRS that there are no estate taxes due.\n\nBring the will to a local attorney.
80753
Talk to a lawyer.\n\nIt depends on whether or not he made a will and on the provisions of any such will.\n\nYou could also try talking to his widow but I guess that is not an option or you would perhaps have pursued that course.\n\nTalk to a lawyer.
116935
I don't know, but crooks will try anything, won't they? Talk to a lawyer who knows about pre-nups and estates. Contact legal aid if you have no $$ for a lawyer. Sounds shifty to me. Good Luck to you.
470168
Not being an attorney, I would believe it goes something like this:\n\nIf you mother dies, you believe she has a will but have not seen it. SHe would have a copy, likely in her papers or safe deposit box. If you have no access, you contact an attorney to help. They will get a judge to declare an executor and the heirs because there is no known will. There may be taxes and fees involved. If no will is found, there is no will. \n\nIt seems that you believe that the lawyer has the only legal copy...they do not. They have a security copy to prove you mother's is not corrupted. It is your mother responsibility to appoint an executor to execute the will in her name. The executor shoudl know this before hand...and perhaps the location of the will, but not the contents of the will. \n\nThe attorney or judge could pulish in a law journal for known wills of people too.
124109
You need to get an attorney specializing in probate and estates.\n\nYour sister "can" make changes to the will but she's not allowed to.  She "can" be appointed executor but she doesn't have to be.\n\nWhomever files the probate first has the best shot at being named executor and you may not actually need the will to do it (just the knowledge that there is a will).  Call a lawyer this morning.
407425
"Beneficiary question?  I am in Texas and I am named as a beneficiary in my grandfather's will. He also left some accounts for me with a POD.  Are the POD accounts counted in probate or can I get access to them without probate? How do I go about finding out what is mine? How long does my father have to notify me with my grandfather's wishes? Father is very dishonest and I have not had contact with him since I was a child. I do not trust him. I could get an attorney but that is a last resort. Thanks for your time!"\n\nThe quick answer to your question is "Keep track of the probate progress of your grandfather's will and get involved as much as necessary even if that means appearing without an attorney."\n\nGenerally speaking, bank accounts that are held under the Uniform Gift to Minors Act are payable to a beneficiary under operation of law (no through a testamentary process) as a trust account-- at a certain age depending on your local laws (generally 18, 21 or 25 years of age).  Additionally, if the accounts you speak of weren't UGMA but were held jointly-- with your grandfather's name and your name-- then you (or your legal parent or guardian if you're under 18) are generally entitled to access to the account upon that person's death by operation of law since you have a joint interest.  And, of course, trust accounts (that you don't mention specifically) are also exist and are distributed by operation of law.\n\nThat said, probate judges have significant latitude in securing the assets of a deceased person to ensure payments to appearing creditors and to ensure the administrator of an estate can carry out the last wishes of the deceased as articulated in the will.\n\nSince you believe you have a claim to assets now held in your grandfather's name, you should go to the probate proceedings and let the judge know you have that interest and want it to be protected as you believe your father as administrator may not recognize it.  Even where the monies might pass to you by operation of law, your appearance at probate helps to ensure your interests are protected.\n\nYou don't need an attorney to appear and to speak on your own behalf.  But if the monies are significant, having an attorney is probably a good idea.\n\n[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
428990
If your father died in 2005 the estate will be exempt for the first 2 million dollars.  You will need to file an estate return which normally requires an attorney and a CPA because they are rather complicated.  Not filing the return will surely complicate things.  If there are taxes due and not liquid assets to make those payment from the estate the estate will need to liquidate some of the assets.  In plain language that means sell some of the property to pay the tax.  The estate can sell it to you or anybody.  If you do nothing the government will take what they think is due.  Generally that is a great deal more than if you file the proper return in a timely manner.
554551
Start with your local police.  You do not need to be someone's blood relative to be named as an executor of a will or trustee of an estate.
604233
Were you the Personal Representative or Executor of your husband estate?  I presume that it went through Probate unless he had a living trust.  If you served as PR, you should have something like Letters Testamentary or some other legal paperwork naming you PR of his estate.  This document is basically your "authority" for gathering information and acting on behalf of the estate.  If you're not the PR, whomever is would probably be the better person to request the records (as backwards as that sounds).  The court document, together with the Death Certificate and an authorization to release information, should get you the documents you need.  Be sure to address it to the medical records department.  Also, be prepared to pay $$ to get the records.  They'll very likely make you pay before you get the records.  \nIf all else fails, go back to your attorney.  A letter on firm letterhead can go a long way.  Best of luck.
238601
If your uncle had a valid will, the letter of the law will say its yours. Even if there are people contesting it, just remain calm and dont lose your head. I was in a similar situation and  the other persons attorney tried to approach me to try and come to a "settlement"...dont do it.
609444
Your mother does have a will, it was just written by the state legislature.  Probate court is not really something you can avoid at this point in this case.  You cannot switch the title to your name without going through probate.