Q: Can you file a petiton to administer the estate, if the deceased had a last will, and a beneficiary on the bank account?
Grandmother passed away- left a final will declairing two of her daughters in charge of properly disposing of and distributing her assets, and left all assets to one. One daughter was also the beneficiary on her bank account. Third sister not listed in the will has requested to file a petition to administer the estate. Does she have any grounds here? Can the two sisters file a wrongful probate lawsuit since they are having to miss work to go to court for no reason?
A: Anyone with an interest in the estate can file a petition for probate. If the will is valid and nominates an executor, then that nominated person has the first priority to be the executor. No, there is no lawsuit to bring because someone would miss work. You can hire an attorney to appear for you.
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