QUESTION
How long does a daughter have to probate a will after the death of her father and can her mother file for her if she is sick and unable to do so?
Asked on Mar 29th, 2014 on Estate Planning - Michigan
13 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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If she is unable to probate the will, someone else can do it for her. The court will appoint someone else as personal representative if she is unable or unwilling to do it (even if the will names her as the executor). On the other hand, she could wait until she recovers. However, her father may have owned something that needs to be distributed quickly, and it becomes more difficult to administer the estate if she waits too long.
Answered on Apr 02nd, 2014 at 8:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, if she cannot serve another should be appointed.
Answered on Apr 01st, 2014 at 6:27 PM
Edwin K. Niles
There is no time limit; I have seen probates of estates many years old. Anyone with an interest can file; the Probate Code sets forth the priority.
Answered on Apr 01st, 2014 at 6:27 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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There is no time limitation on when a probate can be started, however,except the real estate, assets tend to disappear if the probate isn't started promptly. Any person can start a probate, regardless of whether they had a relationship with the deceased. It's not unusual for a creditor of the deceased to open the probate.
Answered on Apr 01st, 2014 at 3:43 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The person in possession of the Will must promptly file the Will with the Clerk of the Circuit Court within which the decedent resided at the time of death. The nominated executor should open the probate estate within 30 days. Thereafter, any interested person can petition to open the estate. The interested person can nominate any person to act as the personal representative. If your illness prevents you from actively conducting your responsibilities as representative then you should decline the office and let another act as representative.
Answered on Apr 01st, 2014 at 3:42 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, the statute of limitations for probate is 3 years. Is the daughter the personal representative? Then she needs to resign as personal representative and let another relative file the will for probate. If mom is divorced from dad, she probably doesn't have standing. I think somebody needs to talk with a local probate attorney to see what the options are.
Answered on Apr 01st, 2014 at 3:42 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It depends on what needs to be transferred. In most cases, delay is bad property is unproductive and empty, investments are untended. There's no reason to wait. Yes, mother can serve as personal representative file daughters waiver of her right to serve along with the petition.
Answered on Apr 01st, 2014 at 3:42 PM
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There is not time limit. I strongly encourage you to speak with a probate attorney and get help. Mom can step into daughter's shoes but there are procedures to follow. Additionally, if there is a contingent named executor, that person would have priority over mom. Lots to consider, I strongly suggest you speak with an attorney.
Answered on Apr 01st, 2014 at 3:42 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes mother can file for her; suggest you seek a probate attorney to assist you.
Answered on Apr 01st, 2014 at 3:41 PM
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You have up to four years from the date of death to file for probate, though sooner is better. If she's too sick, then anyone interested in the estate can file.
Answered on Apr 01st, 2014 at 3:41 PM
Thomas Edward Gates
Anyone can file the will. However, the proposed Personal Representative must petition the court to be appointed. Again, anyone can submit the petition. An attorney normally does this for the petitioner. Once appointed, the estate enters probate. The next key step is giving notice to creditors to file a claim.
Answered on Apr 01st, 2014 at 3:40 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no deadline for filing probate, although there are some companies that will send the assets to the Michigan unclaimed property division of the Department of Treasury, if they are not claimed within a certain period of time. Yes, the mother can act for the daughter, if she is unable to do so. This is an easy thing to accomplish. Probate is not difficult and does not need to be unduly expensive.
Answered on Apr 01st, 2014 at 3:39 PM
Any person or organization with an interest in the estate can file an estate petition in probate court. The petition should be filed as soon as possible after the death but a few months delay doesn't really matter as long as it doesn't result in any harm or loss to the assets of the estate.
Answered on Apr 01st, 2014 at 3:39 PM