QUESTION

Is there a certain lenght of time to probate a will after a person dies? Mother has been dead 2 years. Sister refuses to probate.

Asked on Jul 02nd, 2012 on Wills and Probate - Alabama
More details to this question:
My sister is executor of my mother''s will. She is to live in the house until she dies. She refuses to probate the will, has let the house insurance get cancelled for non-payment. Letting the house run down. Can she be forced to probate the will or be removed from the house?
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1 ANSWER

Each state is different of course and I am a California lawyer. However, if you were here in California I would probably advise you to file for probate and tell the Court that your sister refuses to act. That will either make her act or she will continue to do nothing. I suspect there are a lot more issues here and thus I strongly encourage you to hire an experienced probate attorney in the state your mom resided at death. Good luck to you.  -John
Answered on Jul 02nd, 2012 at 6:35 PM

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