probate question?

Question

oK... my dad died in oct-2006.

Probate was just filed on 1-mar-2007 and courtdate of 12-mar-2007.

Executor: My uncle - lawyer was retained by him.
(He had stated previously he was reliquishing his executor status to Edward Jones (yet the laywer & docket info say uncle filed.

Question: as one of several direct children should we have recieved any notification about the probate before now...or is that still something that will happen during the course of probate process.

My biggest problem is that Im getting contradictory info depending on who I talk with (Lawyer,investment rep, uncle, etc?)..

Our dads will & trust is mostly going to his kids (us) though not all.

Only the house & personal items are not in the trust, yet the trust is seemingly being held up by probate (which doesnt make sense).

Answer 1

The file is too new for much to have happened yet, so it wouldn't really be accurate to say anything is being held up.

Your Uncle's previous statement of relinquishing executor status has no legal effect. When it gets put on paper and approved by the Probate Judge, he's no longer Executor, and the new one may be determined by what the Will says. Until then, your Uncle is it.

You are probably getting contradictory information because most of them don't know what they're talking about. The Lawyer is the one that should give you straight answers, assuming you are an heir under the Will.

If you are, you will be notified of everything the Probate Court is asked to do, before they decide whether or not to do it

Answer 2

enable's clarify Probate. Probate is whilst the will of the decedent is being challenged. extremely they're usually problematical the validity of the will as consistent with the desires / training / intentions of the deceased to distribute the components of the decedents components. This being stated the coverage has a beneficiary. no count number if it rather is a companion, toddler, kinfolk member, relative, business enterprise, charity, business enterprise companion etc.. The insured might desire to even call the valuables as a universal or contingent beneficiary. Regardless the beneficiary gets the proceeds of the coverage. those money at the instant are not linked to the valuables, probate or any lenders of the valuables in question / probate. The beneficiary has the discretion to apply the proceeds as they want. As for paying the loan and lenders, that would count number on that beneficiaries criminal status on that loan or different bills. A companion might desire to be the beneficiary and function been listed as a co borrower and be in charge for joint debt. If beneficiary has no criminal criminal accountability to the debt incurred via the decedent then no charge is needed via the beneficiary only using fact there became a economic earnings. existence coverage proceeds are totally the valuables of the beneficiary. remember the administrator of the valuables is in charge for liquidating an components. the 1st products, claims against the valuables paid in line with availability of money in long island are a million) repayment for funeral bill and then 2) components taxes with any available final money / stability paid to customary lenders, as quickly as all bills are paid and any money nonetheless are available something of money are to be dispensed to heirs ( closest blood kin) of the decedent.

Answer 3

GET A GOOD ATTORNEY, NOW. Not your Uncle's, your own. Money changes people and you need quality representation. I know from experience. You may wind up fine, but there are fer too many cases where people were screwed over in Probate Court.
Sorry about the loss of your dad.

Answer 4

Depending on the state you live in; You are WAY ahead of the curve. It's been 10 working days?

Call the clerk's office and ask them to run you thru the steps of the process if that will set your mind at ease.
Again; the rules and proceedures vary a LOT by state.