we ask a lawyer we cannot get a good answer.legality we are asking your opinion.thank you
2006-11-13 15:08:45 · 5 answers · asked by cris b 1 in Politics & Government ➔ Law & Ethics
Are you in the US? If so, someone needs to go to the county courthouse in the county where father lived and file for probate. The probate or clerk's office should have the forms you need. Once you file for probate, you will need to distribute father's assets and pay his debts in accordance with the intestate laws of the state where father lived.
To find out the procedure, google the following:
intestate probate statename
Usually, if there is a surviving spouse, that person is entitled to 1/3-1/2 of the total estate and the rest is distributed to any children of the deceased. Before any funds can be distributed, however, the debts of the deceased would need to be paid.
2006-11-14 12:02:37 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Get a lawyer that knows how to open an estate and file for probate. The state will appoint an executor/administrator, and distribute the estate according to the laws of that particular state. It can take a long time.
P.S. Our law office does NOT keep copies of wills. The reason is that if the testator decides to change the will, it will keep unscrupulous people from destroying the changed will in the hopes of getting a copy of the original one from us.
2006-11-13 15:50:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Been their. Fire that lawyer. Get another lawyer and take it to court and have a judge appoint an administrator, who is supposed to make sure estate is divided equally among survivors. Easier said than done. Bad feelings happen between family members when there's not a will. Sorry for your loss and hope things turn out OK.
2006-11-13 15:15:04 · answer #3 · answered by White Knight 3 · 0⤊ 0⤋
You have to petition the court to name an Executor, there are government websites that will explain the procedure, you don't have to have a lawyer, but it is advisable if there is a substantial amount of money involved or disagreements among relatives. So sorry for your loss.
2006-11-13 15:18:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If dad really had a will, his attorney would have a copy
2006-11-13 15:19:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋