My mother wants to wait until her death for the estate to be settled. What can I do legally to get her to settle the estate. There are no legal problems standing in the way.
2007-12-26 23:17:35 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If your mother waits, it will be too late to probate your father's estate. In my state, there is a 3 year statute of limitations. Any heir can begin the probate. You have no legal obligation to wait for your mother.
2007-12-26 23:23:44 · answer #1 · answered by David M 7 · 5⤊ 1⤋
contact a probate attorney in your area for advise. It could be she is unwilling to come to legal terms with your dad's death (that would finalize his being gone). Explain what David above said (time limitations), and that delaying settling would cause some problems.
Just an FYI - my daughter's paternal g'father died about 30 years ago. Daughter's bio-dad (the son) was executor in the will and never 'settled' the estate. G'father had stocks and bonds that were never transfered into bio-dad's name (settled) and the State of California Attorney General's office was getting all that money - for YEARS! When I attempted to garnish those monies for back child support, I was foo-foo'd off by the AG's office (My Senator is looking in to this now).
Hope this helps. PS - I still have not rec'd the back child support either.
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This is not about greed, but there are limitations. Mom's will is different from the father's estate.
2007-12-26 23:28:34 · answer #2 · answered by Empress Jan 5 · 4⤊ 1⤋
First of all, there may be no need to settle dad's estate. If mom and dad owned everything in joint names as husband and wife (tenants by entireties), the assets would pass by operation of law.
If your dad had assets in his own name, they are the assets which would pass by probate. In some states, Inheritance Taxes may be due on the decedent's estate. In Pennsylvania, there is no Inheritance Taxes due on amounts passing to the surviving spouse. If there are bequests other than to the surviving spouse, that constitutes a taxable event and taxes are due 9 months after date of death. If the estate is large enough, there may be Federal Estate Tax.
If I knew there were assets passing to family members, I would consult with an attorney about filing a "Rule to Show Cause Why the Will Should Not Be Probated" on your mother. That would make her explain to the probate judge why she should not be required to probate the will, and it could open the proceedings to having a personal representative (executor or administrator) other than your mother handling the estate.
2007-12-27 00:17:51 · answer #3 · answered by Mark 7 · 2⤊ 2⤋
Take the will to the probate court and begin the process. They will notify the administrator/executor. Check with probate; not every state has a specific deadline where a will must be filed to be valid; and some states it is common to see the estate handled the way your mom wants.
2007-12-26 23:56:01 · answer #4 · answered by wizjp 7 · 4⤊ 0⤋
Go to Probate court and find out how to start the process. She may have the right to as his living spouse, but perhaps she doesn't.
They can make you the administrator of his estate but you'll have to pay $200 and do paperwork.
Be gentle. Mom may still be grieving.
2007-12-26 23:43:47 · answer #5 · answered by ToYou,Too! 5 · 6⤊ 0⤋
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2016-10-09 05:49:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think you should allow your mother to enjoy the rest of her years without being harassed into doing something that she is not ready to do. Grief can take a long time and two years is not long. Your time will come but if you need some money, can I suggest you get a job or retrain if you need to, so that you can get a better job. Don't let a want for more money bring out the worst in you. There are more important things in life like good health.
Best Wishes.
2007-12-26 23:59:44 · answer #7 · answered by Anonymous · 1⤊ 5⤋
Sue her, for the property that you would get if the estate is probated.
2007-12-27 02:54:08 · answer #8 · answered by hq3 6 · 4⤊ 1⤋
First determine if their are any assets to probate. If so, any heir, beneficiary, custodian or possessor of the deceased's property or even a creditor of the deceased can commence probate. If you are in any one of those categories you can commence probate yourself.
2007-12-27 01:27:13 · answer #9 · answered by Anonymous · 6⤊ 2⤋
I dont blame her, and she can wait if she likes. Maybe she is waiting to see who are the ones she wishes to cut out of the estate, due to there greed and lack of commitment to the estate, she also has the right to change the will, and benificiarys. So you will just have to wait. It's not nice to push a greiving widow my child.
2007-12-26 23:28:20 · answer #10 · answered by Anonymous · 2⤊ 6⤋