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Can I Find Out If Probate Has Been Opened

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kristiski

Junior Member
What is the name of your state? CA

I am wondering if it is possible for 'anyone' to open a probate? If so, would I be able to find that out and who? Who would I call to get this information? Last question (Off subject): :confused: Would retirement monies given from ex-spouse need to be included as part of the estate or could it just be signed off, from family over, to the ex?

I am so thankful for this site. You all are very much appreciated and a sincere thanks to all.
 


Dandy Don

Senior Member
Anyone can, but it is usually a family member or attorney. Check at the county courthouse for the city where the death occurred.

Your question about retirement monies is a bit difficult to understand--who is the decedent? Normally whosever retirement money account it belonged to would sign a beneficiary designation form to say who they wanted the money to go to--otherwise, it goes in the estate.
 

kristiski

Junior Member
Dandy Don said:
Anyone can, but it is usually a family member or attorney. Check at the county courthouse for the city where the death occurred.

Your question about retirement monies is a bit difficult to understand--who is the decedent? Normally whosever retirement money account it belonged to would sign a beneficiary designation form to say who they wanted the money to go to--otherwise, it goes in the estate.
Retirement money was from ex-husband that gave wife 1/2. I am wondering if we can just sign over that we are not contesting, (which I don't particularly want to do, but my husband does) or, does this also need to go through probate? Thanks Dandy Don - You've been just dandy... :)
 

Dandy Don

Senior Member
Again, your post is unclear because you did not mention WHOSE ESTATE THIS IS--who is the dead person that this money is coming from? Is it the ex-husband who is dead?

You are not contesting what?

You don't need to sign anything saying you are not contesting unless you have been given a form that states that, and even then it is not a good idea to sign that unless you know for sure what you are giving up.

Find out if ex-wife was named as a beneficiary of this money on a beneficiary designation form--if so, then it is hers automatically and does not need to go through probate. Why did you think it WOULD need to go through probate?
 

kristiski

Junior Member
Sorry for being unclear - I know you have a lot of posts. Let's try this again.

Mother died - it's her estate in question.

Mother was divorced from my husbands father, (ex-husband at death and has since re-married). Upon their divorce, mother gained half of husband's retirement money, and checks were being made out to her for approx. 6 years before she died. Now, my husbands father, is requesting the family sign off that we do not contest that this money go back to him. We're talking a great deal of money, each month. My husband does want this money to go back to his father and says it's his to begin with. I'm having a hard time with that decision, because I feel this is rightfully mothers, (they were married for 34 years) and should go to her estate. I told my husband that this is her only legacy and he got all mad at me. I'm just thinking of her kids and grand kids. My husbands father is a good guy, it just seems like he's in need of the money right now. Although, it doesn't seem he's doing that bad and only until we decided to retain a lawyer, investigate her account records, and open probate, did he ever mention this.

Just looking for justification on how I can explain this to my husband or maybe I should just forget about it, as to not cause prob's in our marriage.
 

Dandy Don

Senior Member
Your husband's mother did not leave a will, correct?

Yes, probate should be opened up on this so that the legal heirs can decide what is done with this money. Looks like the heirs are going to be your husband and his siblings (if he has any). A great compromise would be for you to satisfy his obligations to both families by keeping half for his family and then voluntarily helping dad out by letting him have the other half.

"Seems like he needs the money"???!!!!--unless he can explain his justification for needing this money in more detail, looks like he is basically just trying to be greedy--the money is NOT his anymore even though he was the source of it--it belongs to the heirs now.
 

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