QUESTION
Are there any timelines placed in probate law and why?
Asked on Jun 30th, 2015 on Estate Planning - California
More details to this question:
My mother passed away. I received a copy of the will. My sister is the executor. The will states that my sister and I will each receive half of my mother's estate. That estate contains some money, but the largest asset is her house. My name is on the deed to the house. My sister will not speak to me. If she's the executor, can she just keep the house and money for an unlimited amount of time. Or are there timelines in place in probate law? Thank you for anything you can help me with.
15 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
at
Christine Sabio Socrates Attorney at Law
Update Your Profile
There are timelimes set forth by the court however, you are entitled to have representation from an attorney so you can make sure that these deadlines are followed and your rights are protected
Answered on Jul 09th, 2015 at 12:36 AM
3 Awards
Probate and wills are for assets the do not have anyone else on title as a beneficiary or joint tenant. If your sister is on the deed and you are not, the poverty is not subject to either the will or probate. If you are concerned make an appointment with an attorney who practices in the area of trusts and estates in the locale where your mother lived, as you may have a cause of action for undue influence. Absent such factors you probably do not receive any part of the home. Best of luck to you.
Answered on Jul 01st, 2015 at 6:52 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
If your sister doesn't file the will for probate within a reasonable time, say a month after the death. You can start the probate case. Warning, don't get in a battle with your sister over who will be appointed executor. The judge will appoint a buddy who'll take all the assets with huge legal fees.
Answered on Jul 01st, 2015 at 4:17 AM
Probate Attorney serving Palatine, IL
at
Law Offices of Robert H. Glorch
Update Your Profile
Whoa, hang on a second.? You said "my name is on the deed to the house."? Your name is on how?? If it's just in your name or it's with your mother as joint tenants (as opposed to tenancy in common) then the house is yours.? The estate/executor has nothing to do with it. As to the estate, you didn't mention how long it's been?? Has she been appointed executor? These kinds of details are important.? Contact a probate attorney.
Answered on Jul 01st, 2015 at 12:26 AM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
There are no real time limits, except that the executor is supposed to wrap up the estate in a reasonable amount of time. The executor is also obliged to give you an annual accounting of her administration of the estate, listing assets, income and expenses.
Answered on Jun 30th, 2015 at 7:04 PM
There are timelines that the executor must meet. The executor must also file several reports with the probate court as the estate is settled. As a direct heir, you are entitled to receive certain notice about your inheritance. FYI, it can take a year or more to settle everything and delivery of the bequests are about the last thing to happen.
Answered on Jun 30th, 2015 at 7:01 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
1. What do you mean that your name is on the deed? Only your name? You and Mom as joint tenants? What? If as joint tenants, the house is yours, and not in probate. 2. She was required to file a petition for probate within 30 days after Mom died. Did you get notice that she had done so? File a Request for Special Notice , and check the Court's web-site or go to the courthouse and see the file or the docket to figure out what has been filed. She's required to report or account within a year after the death. 3. Consult a lawyer. N
Answered on Jun 30th, 2015 at 7:01 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
There are time lines that need to be adhered to. Suggest you obtain a probate lawyer to represent you, including filing a petition to probate, naming you as executor maybe. Anyway at the very least obtain for yourself beneficiary presentation via a probate lawyer.
Answered on Jun 30th, 2015 at 6:58 PM
Yes, there are some timelines but many are vague and most are not enforced. You should file the Will for probate and ask to be appointed administrator or that someone else be appointed because your sister refuses to do anything [merely because she is the executor does not mean the court will appoint her to handle the probate]. If you are on the deed, then your mother's estate does not own the entire house and only her portion would be probated. You should speak to some local probate attorneys to see what they can do for you.
Answered on Jun 30th, 2015 at 6:54 PM
Litigation Attorney serving St. Louis, MO
at
Probate Law Center Richard J. Keyes, PC
Update Your Profile
In Missouri, if your sister has the will, she is suppose to file it with the probate court in which your mother was domiciled. Ask your sister to file the will with the Probate Court. There are time limits in Missouri in terms of getting the will admitted to probate, so your best option is seeing an attorney. If your name is on the deed to the house, then the house may not have to go through probate. Show the deed to an attorney and let the attorney explain it to you.
Answered on Jun 30th, 2015 at 6:52 PM
Edwin K. Niles
If the title is in your name and Mom's as joint tenants, the house is yours. It's fairly simple to transfer title into your name alone; one hour of a lawyer's time. There is a timeline for lodging a will with the court, but none for starting a probate. Once started, there are many time limits.
Answered on Jun 30th, 2015 at 6:51 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Let's assume that the house is worth, I don't know, maybe $200,000. So, there's $100,000 on the table. Isn't it worth a few bucks to get a lawyer to help you with this? That's far and away the best answer I can give to your question. Now, if your name is on the deed, then either you own half the house and the other half is in probate, or else you own the whole house the difference is whether you own with survivorship or as tenants in common. But if you're SURE that your name is on the deed, then one way or the other your sister is going to have to talk to you. She can't sell the house without you. BTW, at the county courthouse you can review all of the documents filed in the probate. If your county is doing e-filing, there will be terminals where you can look up documents; or, old school, you can look at the court's file. But think about how much is at stake here. Lawyers don't cost *that* much.
Answered on Jun 30th, 2015 at 6:48 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
If your name is on the deed to the house then you are an owner outside of probate. You can force the sale by starting a partition action. If no probate has been opened by your sister you may do so. If she has not done her duty to open a probate the court may choose you as the representative and not your sister. If the court does appoint your sister you can have the court supervise the probate and force your sister to act.
Answered on Jun 30th, 2015 at 5:49 PM
Immediately contact an attorney specializing in estate matters. There are strict timelines that apply to your sister's duties.
Answered on Jun 30th, 2015 at 5:49 PM
2 Awards
There is no timeline that you should speak with an attorney as soon as possible. If your name is on the house it may not need to be probated. If she is delaying probate for her own personal gain you can file your own. Speak with an attorney as soon as possible.
Answered on Jun 30th, 2015 at 5:46 PM