Q: Father died 6 weeks before mother died. Probate never started since the fathers death cert wasn't done yet. Who files?
Mother had to wait for my step-fathers death cert, since it was pending toxicology report, to enter Probate. But then writers mother died 6 weeks later while Probate wasn't started for stepfather yet. Now, who starts the Probate process? The biological son of the mother is the Executor of her will, but obviously the mother was the executor of the husbands will. Does the biological son of the mother (mom's Executor) now have to handle both or can the next of kin (biological daughter to husband) handle the fathers probate?
A: Executor (son) should file to open mom's estate. Since my has now died, the back-up Executor for dad's estate should file to open his estate. If there is no back up then the Executor of Mom's estate could make the filing as well. However, this may require more information to give a complete and accurate answer. I recommend setting up a meeting with a local probate attorney who can assess the situation and determine the best course of action at that point.
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