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  1. #1
    auntia Guest

    Angry Heir Refuses To Sign Final Probate Release

    What is the name of your state?What is the name of your state? PROBATE ACTION IN ARKANSAS

    The heir to his grandfathers will - our nephew now will not sign the final
    release to the probate action. He did sign initial waiver. His mother
    is executrix - has signed/notarized all paper work sent to her.

    Attorney retained ( sight unseen - ) insists that this nephew has to sign
    the release or the probate cannot close.

    I beg to differ - and want to know what the alternatives in Arkansas are in this case.

    What my feeling is - the probate judge can order this nephew to show why
    he will not sign the final papers.....order him to appear in court - then
    if nephew does not appear- the judge can * see * nephew is not going to
    comply - can then close probate**************.

    How far off am I in my opinion?

    If I am on the right track. how long do I wait to inform the attorney
    that I want him to get off the stick - get going on the alternative and
    close probate.

    Fees have been paid - probate started last December.

    I also have a connection via e-mail to the probate judge who would have
    heard this case in Aug......this court date was missed due to this
    nephew refusing to cooperate -

    Any feedback ?
    if so can you post also to my email addy....jewels4u @ charter.net
    with my thanks.

    Auntia
  2. #2
    Dandy Don is offline Senior Member
    Join Date
    Apr 2002
    Posts
    9,495
    If you have not already done so, the executor should try to contact the nephew by letter or by phone to try to determine WHY he will not sign the final release (is he dissatisfied with the accounting information, or does he just not understand the purpose of the document he is being asked to sign, etc.). After you find out his reason for objection you may be able to answer/correct any concerns he might have.

    It is considered less than professional to contact the probate judge by e-mail (although I do admit it could be an advantage in this case) since all dealings with this judge should ideally be conducted only in court where there is an official record of what transpired.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  3. #3
    BelizeBreeze is offline Senior Member
    Join Date
    Jun 2004
    Location
    "Harvey and Me"
    Posts
    25,173
    How far off am I in my opinion?
    About as far as a blind coon dog chasing the Channel Rabbit

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