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Probate and Personal Representatives : Includes Executors, Court Appointed Guardian of a Minor's Estate, Administrators in Deaths Without a Will, Intestate Distribution, etc.
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Old 07-05-2007, 10:05 AM
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Join Date: Jul 2007
Posts: 1

Confused


What is the name of your state? New York,Tioga Co.

My dad passed, 2 days before fathers day.June 15th, 2007. My sister and I took care of him every other day for the past three mos., we would take turns. He had a power of attorney made for her, also started a joint account so she could handle the bills if he got bad . The funeral was sceduled for 20th. My sister said the night he passed, (Friday) That monday she was going to go pick up the will from the lawyer. THis is the first time I've ever been involved with a death situation. My sister called that monday stating we needed to talk. she I guess talked to the lawyer, she was named the executor, he said the will had to be probated, and that all the grandchildren are getting everything. Also when her mother was married to him they never setteled the property, and her name was still on the deed. Also she told the lawyer that me and my other 2 sisters in Ill. and Ms. we were adopted out, so she said none but her children were grand children. My sisters and I are kind of shocked so them being so far away and I live real close same Co. So I had to investigate
We haven't heard from her since an E-mail 22 June was responded to asking what was the next step seeing how she is the executor. The lawyer is not answering our calls nothing. We called her work and they said shes on vacation for 2 weeks.

Here's the questions: how long until the lawyer has to file the will?
The grandchildren were not named in will (I guess) how do we get our children named as grandchildren or because it was left vauge is it up to the executor to do the right thing?
Is the sister allowed to spend his money on vacation?
She stated the she wrote a check out of dads money to the lawyer for $1000.00 to probate the will I checked it only is 215.00 to file. What's up?
I went to Co. bldg got a copy of deed her mother sold it to dad for 1$ the same day they got divorced-I think she is miss informed maybe by lawyer
Should we be concerned and hire a lawyer just on that or wait or what?
Sorry so long there's alot more before he passed that would lead us to believe that she could be trying something funny
Thanks, JeffWhat is the name of your state?
  #2  
Old 07-05-2007, 10:20 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,057
Your statement of facts is pretty confusing, but let me try to answer some of your questions.


Q: Here's the questions: how long until the lawyer has to file the will?
A: I am not sure what it is in your state; some states it is six months; others, it's a year.


Q: The grandchildren were not named in will (I guess) how do we get our children named as grandchildren or because it was left vauge is it up to the executor to do the right thing?
A: I have no idea what you are asking. If you have not read the will, then you can't ask any questions about the will.


Q: Is the sister allowed to spend his money on vacation?
A: Again, it's not clear what you mean. In general, you can't spend someone else's money unless you have permission.


Q: She stated the she wrote a check out of dads money to the lawyer for $1000.00 to probate the will I checked it only is 215.00 to file. What's up?
A: Ask her. Perhaps the lawyer wanted to be paid for working also.


Q: I went to Co. bldg got a copy of deed her mother sold it to dad for 1$ the same day they got divorced-I think she is miss informed maybe by lawyer
A: Why would you think that?


Q: Should we be concerned and hire a lawyer just on that or wait or what?
A: I don't know who "we" is, but if YOU think there's something wrong going on, then YOU need to hire a lawyer to protect YOUR interests.
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  #3  
Old 07-05-2007, 10:21 AM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,057
A hint: If you ask more questions, do not use pronouns.
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