If someone won't sign a Renounciation of Administration for Probate what can you do?

Question

A husband recently died, no will, in estate, has two grown 30+ children from first marriage, first wife deceased in 80's, second wife has to go to Probate to get house deed in her name, house is the only "estate" there is, is under $50,000, so it is legally the wife's anyway, she has first rights to be Administrator of estate, "kids" have secondary rights.The renounciation form states that they know they could be Administrator but do not wish to pursue it. This is the husband and second wife's matrimonial house and the "kids" did not live there. What avenues are available if they won't sign,do they have to, is there a time limit on their rights to be admin., can they be forced to sign or become admin. ?

Answer 1

There's probably a time limit on it. I'd suggest she sends a letter certified mail to them saying either sign or contest - but we need to move on. If they don't do either, take it to the court and say they were non-responsive after 30 days, please adjudicate since they had thier chance to contest and didn't take it.

Answer 2

The Probate Court will select the Adminstrator in accordance with statutorily prescribed priorities. With or without the "renunciation," (if that's what call it in your state) wife will be appointed after a brief hearing. If the kid don't appear to contest the appointment, it's the same thing as signing off on a paper agreeing to her appointment. It is just a bit more of a nuisance.

The Adminstrator of the estate has nothing to do with deciding the distribution of property. That's what the judge does. The Adminstrator is a fiduciary who is responsible to the beneficiaries and the Court for preserving the estate. In most situations, the Administrator will do absolutely nothing but sign an occasional paper signed by the estate's attorney.

If the house was the marital residence, the only question I would have is whether the house is really subject to probate. Maybe you've already determined that, but if the house is in the name of both husband & wife as joint tenants or tenants by the entirety, then it passed to wife automatically upon husband death. The only way any interest would need be probated is if the house was in husband's name alone or held as tenants in common by husband and wife together (which would be somewhat odd).

My guess from the question is that wife is trying to do this without an attorney. BEST ADVICE: Go see an attorney before you mess this deal up and have to spend a lot of money cleaning things up later. Judging from the mininal value of the house, you also seem like a good candidate for help from legal aid. You may not even have to pay for the help you need.

Answer 3

Usually if someone refuses to sign they are given first right to buy out the other heirs, and if they don't take advantage of that option the court will rule they gave up their right to first claim. Talk to the administrator of the estate.