Q: Can I have probate court handle my ex-wife`s estate? I was named the executor and sole beneficiary.
My ex-wife died late 2015 and left me on her will as executor and sole beneficiary. The secondary executor is not interested or physically capable of doing the job. The ex`s condo is filthy and would be an emotional disaster for me to settle. The condo is paid for, her credit card debt has been written off, but there are some small liens to be settled on the estate due to taxes, etc. If I file with probate court will they get it settled? Do lawyers do this kind of work and paid out of the proceeds? Could I receive any remaining proceeds?
Must I be the executor to get this done?
A: As a former spouse you are not an Heir, so only under the Will can you take. You should hire a competent attorney to Probate the Estate. You will have to do some work yourself, but it sounds like you will recover some money. And it is what your former spouse wanted. You should be able to open and close the Estate in just over a year.
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