Richard Samuel Price's answer If this is a probate matter for a decedent's estate, then you can file a petition for a preliminary distribution of the estate, but if there are no bills to pay, then you should just file the final distribution.
If there is a blocked account, then you'll have to file the appropriate petition and order.
Call or email an attorney for a full consultation.
John B. Palley's answer Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.
IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...
John B. Palley's answer Honestly I would petition the court and ask to switch to IAEA powers, get bonded, and get rid of the blocked account. It will be easier to handle estate business including, eventually, selling the house. There is a judicial council form to make the switch to full IAEA powers. If you don't have one I would advise hiring attorney. Should make your life easier. -John
Jeffrey Louis Gaffney's answer Yes you can, but it would be a very bad idea anyway you look at it. The executor would be personally liable for any debts or taxes if he gave away too many assets.
Normally it requires the assent of all the parties involved, so any one person can block it.
A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the...
Richard Samuel Price's answer No, a petition and an order to withdraw funds from a blocked account are separate forms. Use Judicial Counsel Forms MC-357 and MC-358 to request withdrawal of funds from a blocked account.
Kenneth Sisco's answer Statutory fees are paid first, so, if statutory fees exceed the value of assets, filing a creditor's claim would make no difference. If property was wrongly excluded from the estate; that is a completely different problem.
Richard Samuel Price's answer No, discovery requests do not need to be filed with the court clerk to be legal. In fact, discovery is not filed with the court. They are normally served on the other party by mail.
Richard Samuel Price's answer You would have to get permission from the judge to use the same date for a motion or petition. You normally would file your motion or petition and then the court would set a new hearing date.
Richard Samuel Price's answer There is a judicial counsel for to petition the court to withdraw funds from a blocked account: Judicial Counsel Form MC-357. You must also file an order to withdraw funds from a blocked account: Judicial Counsel Form MC-358. When you file this petition and order, you can only ask the court to withdraw funds from a blocked account, not any other motions.
Richard Samuel Price's answer I'm sorry that you are going through this. You should have a sit-down discussion with your attorney to understand what has happened. If you don't get satisfactory answers, you can switch attorneys.
Richard Samuel Price's answer A will must be validly created, with the testator of sound mind, and not under the undue influence of anyone else. Contact an attorney to review your situation and read the will.
Jeffrey Louis Gaffney's answer The Probate process begins with someone filing a Petition with the Probate Court, along with the Will if there is one. A court date is assigned 15 to 30 days out. The petitioner is required to give notice of ths to all heirs, beneficiaries, creditors and persons of interest so that they can object to the proceedings.
If she did not ever give you notice, you can go complain to the judge. If the hearing still has not happened, you can appear and make your objections.
John B. Palley's answer A homestead has no bearing on the probate procedure needed to clear title. The main issue is if it’s worth more or less than $150k as under that is a simpler probate procedure but still in probate court. Definitely hire an attorney. Good luck.
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.