Q: How can I get a daughter of a deceased aunt to open up an estate per probate? She is not the executor of the will.
My step mother died in August and her sister died 24 hours prior to her death. The daughter was the only one who has access to the Trust and has been managing the money. She was given the death certificate and claims she does not have the original will. My father has already passed and has left his portion to my step-mother. My sister is the executor of the will. She is also a step daughter. The will states that everything will be divided in 3rds. The daughter is married and they both believe that she does not have to go to probate. My sister and her could go to the probate court to file the will and the death certificate. She will not do this and has refused to call us back. There is a lump of money from the sale of a house in the Trust unless they have spent it. Will I need to get a lawyer to help assist with a subpoena to get the documents? A costly trial? What is the best course of action?
A: Anyone with an interest in the matter can open a probate. That includes you. You can hire an attorney to help you. The legal fees should be reimbursed by the estate.
A: If you are named in the will or have a legal interest in the estate, you may file a petition to admit the will to probate,
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
