Transferring authority to execute a will

[Verlan Schwehn]

What is the name of your state? New Mexico
When our Dad died in 1997, an estate attorney declared that his will was invalid, under the laws of New Mexico. Dad had left no property to his wife, only to be divided between the three children. Later, a will was made by his wife which gave all the property to her son and named him as the executer of the will;the daughters were not mentioned. The son agrees that the property should be split three ways, between each of the adult children. However, it has been about 5 years since the mother's death and nothing has been done with regard to the property, except the taxes have been paid. Our brother lives in another state and doesn't have the time to settle this matter. The question is whether or not he can give my sister and I the authority to have the property appraised, sold, divided, or whatever we agree on. Please help. Thank you, Verlan

 

[pojo2]

Later, a will was made by his wife which gave all the property to her son and named him as the executer of the will;the daughters were not mentioned. The son agrees that the property should be split three ways, between each of the adult children.

Hmmmm are you sure the son wants to share? Doesn't seem there is anything legally compelling him to do so.

He can quit claim the deed over to you all and then you can do whatever you want with the property.

Something just doesn't make sense here.

 

[Dandy Don]

Are the daughters actually the biological children of the wife or not?

If daughters are actually the daughters of the husband, then the problem is probably that no probate was done for the property after the husband died. Since real estate is involved, probate is needed for the property NOW, so that the daughters names can be officially added to the title/deed. So that in the future when the property is sold, they can get their share.

DANDY DON IN OKLAHOMA ([email protected])