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We believe there is foul play. The father in law was basically senile. But to our surprise, my sister in law has the will. I suspect no one else will get a penny. How much are the fees to hire an attorney to get a copy of the will? She refuses to file the will with the state.
5 ANSWERS
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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It is a crime to fail to file a will for probate. I couldn't guess what any particular attorney would charge. You should hire an attorney in the county where the mother resided at the time of her death.
Answered on Nov 15th, 2011 at 9:12 AM
Glen Edward Ashman
If you suspect something is wrong, you go hire a lawyer and sue her. If you sit on your hands and don't, nothing happens.
Answered on Nov 15th, 2011 at 1:35 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If sister-in-law never presents the will to the court to probate it, then it doesn't do anything and it can say what it wants. In order to be effective to transfer anything, the will has to be brought into court. It is much more likely that sister-in-law will use joint ownership of assets, and not a will, to bypass this process. If you suspect foul play, get a lawyer started on this.
Answered on Nov 14th, 2011 at 5:26 PM
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By statute in Nevada, she has 30 days to deposit the Will with the clerk of the court. A certified letter advising her of the same, retaining a copy would be a good first step. To file a petition to have her show cause why she has not filed the Will, will have a failing fee associated with it and probably three hours of attorney's fees. Thus an estimate of $1200 to $1500 would probably be in the ballpark.
Answered on Nov 14th, 2011 at 4:45 PM
Ancillary Probate Attorney serving Dallas, TX
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Burdette & Rice, PLLC
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In Texas, an interested person can petition the appropriate probate court to compel a person in possession of a Will to deposit the document with the County Clerk. The costs associated with doing so will vary by attorney, but the amount of time involved to achieve this is not substantial. Of course, having the Will deposited only brings it to light. If, as you suspect, there are reasons to believe that the document is not genuine or does not reflect the true intentions of the decedent, you can expect quite a fight. Probate litigation, like anything else, can become very expensive very quickly. Many attorneys handle matters like this on an hourly rate basis, while others may take the case on a contingency arrangement. Visit with a probate attorney near you now, as the issue will not resolve itself in your favor.
Answered on Nov 14th, 2011 at 4:43 PM