could probate be contested she is being dishonest about everything regarding her mothers estate
2006-10-06 10:44:42 · 8 answers · asked by annie 1 in Politics & Government ➔ Law & Ethics
Absolutely.
By law there has to be full disclosure and she is commiting a crime of fraud by behaving the way she is. seek professional legal advice immediately!
If you can't afford a solicitor, go to your local Citzens Advice Bureau and they will help you to get things moving.
2006-10-06 10:56:04 · answer #1 · answered by genevieve 2 · 1⤊ 0⤋
As part of the probate process, all legal heirs and all persons mentioned in the will, if any, have to be notified and have the opportunity to object.
If it's a small estate (in NYS a "voluntary administration") without will, then there might possibly be a conditional appointment, but that could be contested.
If the sister in law is named in the will then she almost certainly will get to be executrix. Otherise, her application for probate does not, in itself, assure that she will be named executrix or administratrix as the case may be.
If she lied in her application and failed to tell the court about siblings then she may be in for serious trouble. And if there is no will she most likely had to post a bond (if this is not a "small estate") and the insurance company will be, let us say, angry with her.
2006-10-06 11:41:40 · answer #2 · answered by Anonymous · 1⤊ 0⤋
first did she leave a will or apoint a exectuor of her estate? if not she does not have the athority to do this the estate has to go through probate court if the heirs do not agree on a settlemnet of the estate. you can go talk to the probate judge and he can tell you what to do. some countys use the clerk and master for the probate duties and some use the county clerk. check with one of them and you'll get all the answers you need and they will be the right ones. every county and state are different.
2006-10-06 10:57:40 · answer #3 · answered by roy40372 6 · 1⤊ 0⤋
All siblings will have to agree before probate is granted the remaining siblings should speak up now ie tell the probate office what is really happening
2006-10-06 10:50:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Run as speedy as you may. you have ideas of excellent situations and have faith it is all you desire. flow away the rest on your siblings. My mom died some years in the past abandoning a large number and siblings scuffling with for scraps. in the tip no person somewhat replaced into in a position to hold onto something because of the fact of taxes and late expenses that have been left unattended to from all the arguing. (My mothers and dads owned 4 residences which got here w/2 mortgages, 4 gadgets of taxes, 4 gadgets of water, sewer, rubbish expenses (even nonetheless those centers weren't needed they have been nonetheless charged), and in the tip the residences have been all offered to somebody for some thousand money w/each and every thing going into basically paying stuff off. I shall wind up by using restating what I had initially suggested: RUN!!!!!!
2016-10-18 22:49:04 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Yes it can be contested. Someone needs to find out the case number and get an attorney to file a notice of appearance and objections for the other beneficiaries.
2006-10-06 10:53:37 · answer #6 · answered by rdnkchic2003 4 · 1⤊ 0⤋
Did she die intestate ? ( No will) DON"T allow any one person to apply for probate , she could clean her belongings out.
Apparently this is very common, and has been the break-up of many families.
2006-10-06 11:03:01 · answer #7 · answered by xenon 6 · 1⤊ 0⤋
Thats a result I wish my mother in law would cop it
2006-10-06 10:53:35 · answer #8 · answered by Elle J Morgan 6 · 0⤊ 1⤋