Q: 3 of my siblings filed to be the executor of my mothers estate & did not inform the other 3 of us can we contest this?
They filed their paperwork in secret and we only just found out the hearing is happening. Only three of the siblings were served with the paperwork, the rest of us had no idea this was occurring. Will we be able to go to court and argue against who they are trying to have appointed? We were not put down as heirs to my mother despite the fact that we are blood related children. The other siblings are trying to get control and leaving us out. Can we protest in court?
A: Yes. You really should get an attorney, who will want to file papers in opposition, and possibly petition to have you appointed administrator. If the hearing is too soon, at least make sure to be there, and explain to the judge that you object, and that heirs have been omitted and not properly noticed. Then get a lawyer right away.
Bruce Adrian Last agrees with this answer
2 users found this answer helpful
A:
Dear Rancho Cucamonga:
I agree with Mr. Dorfman. If you are the blood related children of the Decedent then you were entitled to notice and should seek legal counsel. To give you a bit more information:
1. On a Petition for Probate the petitioner is required to list all heirs (people who would take under intestacy) and beneficiaries (in a testate, with will, estate the beneficiaries are the people who are named in the will, regardless of the relationship to the Decedent) that are known to the petitioner.
2. The petition is also required to give notice by mailing the Notice to all beneficiaries and heirs at least 15 days prior to the hearing. If the petition does not know where a person is located, they must make a search and provide the information about what steps they took to the court.
You should seek legal counsel, as omission of known heirs is a particular matter of concern. If you do not know where to find an attorney, you may try your local county bar association. Most provide a legal referral service where you receive a consultation for a small or no fee.
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