No, it is not legal for them to do that. You should consult with a probate attorney in your area to look into setting up an estate for your late grandmother and probate the will if you believe that the grandchildren are owed under the will.

Since you have already met with an attorney you should be asking your attorney these questions. Depending on what type of estate you have opened, your answer may vary.

Easiest way is to ask the executor for a copy of the will. You can also look to see if the will has been deposited with the local court in the county of your mother's domicile or residence.

Wills in Indiana do not have to be notarized. They do require two witnesses to be in the presence of the testator as they sign.

A small estate affidavit does not appoint you to be the executor of the estate. It is used to claim property that you are entitled to as an heir without the need... View More

After her appointment as Personal Representative, your husband's sister will typically file an Inventory with the Court, which is public record. As Personal Representative she should provide copies of the inventory, asset info, etc... to beneficiaries. However if the estate is unsupervised,... View More

No, you do not. In fact, your power of attorney terminates at the time of her death. The court will have to appoint a personal representative for the estate.

In general you need the original Will to open and estate, however in certain circumstances you can open an estate w/ a copy of the Will. In this case, if someone has the original Will and fails to produce it or it's in the "lock box" at the bank, etc... You can open an estate with a... View More

First, I am sorry to hear about your grandfather and father passing away. Yes, your brother is able to disclaim his interest in the real estate, however does your brother have children? If the Will states that your father's estate goes to his grandchildren if his sons predecease him, then... View More

Not necessarily. The spouse will receive the property only if there are no surviving children or no surviving parents of the decedent (individual who passed away). If there is a child the spouse will only receive 1/2 of the estate, 3/4ths if there is no child but decedent's parents are... View More

You need to have a probate estate opened. You should consult with a probate attorney in your area to represent you and instruct you for this process.

If you have received an order to appear in court, then you need to appear at the time and place indicated on the order. I recommend that you consult with an attorney to review the paperwork and advise you on issues being presented at the hearing.

If you believe that someone at the Mauer Law School has a copy of the will, you need to ask them if they have a copy and to submit it to the court. Please note that lawyers are not required to keep copies of wills they have executed.

If you know for a fact that a person has a will but will... View More

If your grandmother passed away and the houses were in her name only you are going to have to open up a probate estate to transfer them to your father. Once an executor or personal representative has been appointed it will be up to him or her to review your grandmother's estate and determine... View More

Absent specific language reciting joint tenancy the default status is tenants in common.

The person should use a form that is accepted in IN if you will be exercising the power in IN. The person should check with an IN attorney if there are any restrictions of an out of state resident holding POA. The person should notify banks or other institutions that you have been appointed, and... View More

Assuming no other close relatives you are entitled to petition for grant of letters of administration. It doesn't automatically make you in charge of anything. Suggest you contact a probate attorney.

The house being in probate has no bearing on eviction. Once someone is appointed as PR / executor, they 'step in the shoes' of the deceased, and can handle the eviction just as they did.

The probate attorney can probably help with this, and if you are the tenant, you can expect... View More

The short answer is 'yes'. If you sign the wrong things it will be bad.

As to whether or not you will be asked to sign something that is 'wrong' all bets are off. Who knows?

If you are concerned about this, ask to take whatever documents they want you to sign to... View More

If ALL the property was in joint name, then no, there won't be problems because you didn't probate your father's estate. HOWEVER, what happens after your mother passes is another question. SHE should have an appropriate estate plan in place now more than ever to insure things go... View More

An heir or beneficiary can probably file to have the will probated, and if it is admitted, it would likely override your affidavit, if it conflicts with the Will. You yourself can probably petition the court to be appointed Administrator With the Will Annexed, in effect forcing the God-daughter to... View More