QUESTION

Petition for probate question

Asked on Feb 28th, 2017 on Wills and Probate - California
More details to this question:
Hi, first time here, I will go directly to the point. A brother of my mother in law died 1 month ago aprox. she received a Petition for probate. The thing is that she lives in Mexico and she is not able to attend the hearings. She actually received the letter 1 week after the hearing (scheduled for 2/22) My questions are: Is she receiving this letter because she was included in the decedent Will? or there is not Will at all? Is the petitioner on that letter looking to take ownership of all the decedent's states? Does my mother in law need to attend the hearings? can someone else attend on her behalf? I have a bunch of questions and she does too. Honestly I have no idea what all this means and specially if they speak very technical words and in english in the letter, I would like to know what I can do from here (Alabama) to help my mother in law to get her part in the Will. Any help will be really appreciated.
Report Abuse

1 ANSWER

Maryellen Sullivan
Notice is required to be sent to all heirs, whether or not they are named in the Will (if any) or are entitled to part of the estate by the law of  intestacy (if there is no Will.)  The petition should indicate whether there is a Will.  Probate filings, including the Will, are public and may be available online.  If a sibling is receiving notice, it probably is because the brother was not married and left no children, or that she was named in his Will.  Your mother-in-law does not need to attend the hearing in order to receive an inheritance.  The fact that a petition is filed, and thus the probate court involved, is a sign that the estate will be handled correctly.  She could hire a lawyer to represent her and attend the hearing and take any actions on her behalf that may be required.  Hearings also are public so she could have someone attend and tell her what happened, although they would not be able to participate.  The hearing may be about a simple issue, such as appointing a personal representative of the estate, or could be regarding a conflict, such as whether the Will is valid.  Take a look at the petition to see whether it includes any details of what the hearing is about, and see if you can review the probate filings, either online or by contacting the court and requesting copies.  The issue of whether your mother-in-law needs to have an attorney for the hearing depends on what the hearing is about, whether or not she is entitled to a share of the estate, and whether or not her entitlement could change depending on the outcome of the hearing.  For instance, if the Will states that she is to be given money but someone is challenging the validity of the Will, she may want an attorney there to argue that the Will is valid.  Good luck. 
Answered on Mar 01st, 2017 at 7:43 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters