QUESTION
How can this estate be opened since the siblings won't sign the necessary papers?
Asked on Dec 04th, 2013 on Estate Planning - Nebraska
More details to this question:
A brother passed away with no will. Only siblings are left. The estate only has a small piece of real estate, which will be divided when it is sold. The siblings won't sign to select an executor because it seems they don't trust anyone but themselves. One brother has a judgement against the deceased because of monies owed and may have a chance to get this paid back if the land is sold if he makes a claim after the estate is open.
18 ANSWERS
3 Awards
In Nevada, the Estate should be paid. If he has a judgment against the Estate he can open the probate as creditor. If the rest of won't do it, he can.
Answered on Dec 09th, 2013 at 11:37 PM
No will, then no executor. Only the decedent could select an executor. A member of the family or for that matter, anyone with an interest, can file a petition in probate court to be appointed "administrator" of the Estate. At which point, the administrator is empowered to act on behalf of the estate.
Answered on Dec 09th, 2013 at 11:37 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
I believe that the brother who is owed the money should file.. The Court WILL appoint someone personal representative without "the signatures" of the others .. its just a bit more expensive and takes a court hearing (all potential heirs have the right to object so) He should contact a knowledgeable probate attorney.
Answered on Dec 09th, 2013 at 11:37 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
You do not need to get permission or consent. You can simply give your siblings Notice of your intent to file an Application to open probate. You need to wait two weeks and then you can file, whether they consent or not. Of course, if one of your siblings then objects to your appointment, there would need to be a court hearing and the judge would decide who can act. One option might be to have a court appointed administrator. It is not always the best and certainly not the cheapest alternative, but it is one way judges get around squabbling heirs.
Answered on Dec 09th, 2013 at 11:36 PM
Edwin K. Niles
Forget any agreement; just go ahead and file for Letters of Administration. You?ll need a lawyer.
Answered on Dec 09th, 2013 at 11:34 PM
2 Awards
ANY interested person can open probate. It is best to have at least one person on your side, but that is not necessary. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Answered on Dec 09th, 2013 at 11:34 PM
If this is in California, anyone can file the Will with the probate Department to have the case probated.? The court will allow everyone who wants to to apply as administrator of the estate and will select one or most likely will appoint some attorney or other person who has experience probating Wills.? They need to read up on probate by looking at the relevant chapters in a book written for lay people such as by Nolo Press.
Answered on Dec 09th, 2013 at 11:31 PM
Anyone with an interest in the estate can petition to name an executor without the siblings consent. You should consult a probate attorney.
Answered on Dec 09th, 2013 at 11:31 PM
Probate Attorney serving Palatine, IL
at
Law Offices of Robert H. Glorch
Update Your Profile
Cooperation is preferable, but only one needs to petition and give appropriate notice of the hearing to the others.
Answered on Dec 06th, 2013 at 8:54 PM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
Any of the siblings can open the estate, even if the others will not cooperate. That makes things more difficult, expensive and time-consuming, but it can be done.
Answered on Dec 06th, 2013 at 8:54 PM
Corporate/Business Attorney serving Beachwood, OH
at
Christine Sabio Socrates Attorney at Law
Update Your Profile
One of the siblings needs to just open the estate and apply to be the administrator. This can be done without anyone prior signatures. Waivers can be sent out to each sibling, if they agree and sign then you can be appointed without a problem. If you do not get every signature, then it will be set for hearing and the court will decide who should be appointed and the estate. You do not need to get everyone's signature prior to filing, in fact it will get things moving in the direction of opening the estate.
Answered on Dec 06th, 2013 at 8:53 PM
One sibling can file the Application for opening of the estate and the others can object if they choose. If they do object, then the Court will decide which will act as the Personal Representative.
Answered on Dec 06th, 2013 at 8:53 PM
If possible agree on a third person to act as personal representative for the estate. Otherwise, apply for probate and the Court will assign someone to act as PR.
Answered on Dec 06th, 2013 at 8:53 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Somebody needs to file, any of the siblings would be good and the judge can decide who will be the personal representative.
Answered on Dec 06th, 2013 at 8:53 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Obtain the services of a probate lawyer to file a petition to administer the estate with you being appointed the administrator; the attorney will be paid out of the assets of the estate.
Answered on Dec 06th, 2013 at 8:53 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
Any interested person can open the estate by filing a petition with the Clerk of the Circuit Court for the county in which the decedent had his residence. Since there is no will, state statute establishes an order of preference for the appointment of the estate representative. If the decedent had no spouse, children, or grandchildren alive and/or eligible on the date of death the next in line for order of preference a parent, then a sibling. Any sibling could file the petition and nominate themselves or a third party. It would then be incumbent on the other siblings to contest the nomination and propose an alternative representative. They could nominate themselves. The court will decide upon the representative among the competing nominees.
Answered on Dec 06th, 2013 at 8:53 PM
Thomas Edward Gates
All you need to do is set a hearing to get court approval of an executor. All of the siblings will have knowledge of this date and its purpose. They can appear in court ad object if they wish. Your brother's judgment would have to be paid off, as well as the other creditors, before the siblings will receive anything.
Answered on Dec 06th, 2013 at 8:53 PM
Petition the probate court to decide who is to be executor. You will all have to abide by that decision.
Answered on Dec 06th, 2013 at 8:53 PM