Lillian J. LaRosa's answer There are amendments permitted under certain circumstances. lf amendment will not work you will need to start over again with a Formal Petition, however, and you will also need to pay a new filing fee. The Formal and Informal processes are similar, but not identical . There were reasons for the rejection which are various and I cannot speculate. You should consider hiring a Probate attorney who will be familiar with the process and this will save you wear and tear and time.
Ryan K Hodges' answer Depending on what documents were shredded and how the contents of the documents would have changed the probate process, you can contest the probate and try to establish the content of the documents by other means. Perhaps the drafting attorney retained a copy.
James G. Ahlberg's answer You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.
Bill Sweeney's answer A Will can name a list of people to act just in case the first one cannot do so. Anyone named in a Will has priority to act and can take charge of the estate. Before your brother can be appointed it is likely the court will require declinations to serve from all executors and successor executors named in the Will.
John B. Palley's answer At the outset of the case la county requires a declaration regarding creditors to determine if bond is required. I believe it’s listed in their local rules on the court website. At the end of the case you’ll also make a statement about the lack of creditors in your final petition or accounting to the court which is usually called the first and final report. Good luck.
Trent Harris' answer No, you wouldn’t be personally responsible for the protected individual’s debts unless you co-signed for him, signed a personal guarantee, or you signed him up for financial obligations knowing he couldn’t pay (fraud). If you mismanage the protected person’s money, you could be liable to him or his estate.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation, before choosing to rely on information you get from Internet...
Leonard Robert Grefseng's answer You must submit the will for probate in order to confirm his desire to make you the recipients of his estate. Contrary to much misinformation which is popular for those individuals selling living trusts, etc, for most estates, the probate process is simple and inexpensive. Consult an experienced probate lawyer ( and shop around, talk to more than one) for the specifics of your situations.
Tammy Lyn Wincott's answer A will must be probated in Court before it is considered valid. The named executor is usually the person to apply for probate and the original will is presented to the Court. If a Court finds the will is legal then they will issue Letters Testamentary to the Executor, usually the same day. Most Courts in Texas require the Executor to have an attorney.
Douglas Lee Bryan's answer I would suggest making sure that another family member's name is on the account to ensure that it can be accessed after your mother's death. If not, the bank will likely freeze the account until someone is appointed to handle her estate. Another option would be for your mother to pre-arrange her funeral.
Richard Sternberg's answer There are multiple potential arguments, but you need to review all of the facts with a competent attorney. Some interesting issues to explore include whether there was a lease arising from the written communications of your mother and your brother; whether the development has unjustly enriched the estate; and whether there was an agreement that defined the work and the benefit to your mother. There may be other potential issues in elder abuse, but that sounds unlikely from the facts as...
Ryan K Hodges' answer You need to list everything that is part of the estate including items given in the will. However, you can use broad categories for smaller items like household goods and furniture.
Anthony Marvin Avery's answer You will need to file an Exception to his Claim at Probate Court. You probably will defend that there was no contract for his services. Also in this case, he was paid for everything he did already. It was obvious that he would file such a Claim when he called you. So why did you Probate the Will? You were his only Next-Of-Kin and Heir-At-Law and would take everything. Now you will have to try his Claim. You should have talked to a competent attorney prior to Probate where you were asking...
Richard Samuel Price's answer Did your son leave a will, advance health care directive, or any other written document that gave his friend the authority to dispose of his remains? If so, then he would have the ability to do with the remains as instructed. If not, then you can petition the probate court for the friend to give the remains to you (if you have the priority in Health & Safety Code section 7100).
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