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suspend probate?

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thrtyhz

Junior Member
About 7 months ago we started the probate process on my dads will through a local lawyer. The lawyer contacted me 2 days ago and said that he should not complete the process because of the way the will is written. My dad had left a life estate to my stepmom and stated that I should sell the property upon her death which obviously cannot happen now, therefore the probate cannot be settled. He said if we finish the probate now that we would have to re-open it to sell he house in the future. Does any of this make any sence?
 


anteater

Senior Member
Does any of this make any sence?
Not really. But it may be the result of an poorly written will.

Does the will actually devise the property to anybody? Does it actually only say that stepmom has a life estate and then the executor is to sell it? What happens with the proceeds when it is sold?

Usually a will give a remainder interest to someone while reserving a life estate for someone else. The executor can then execute a deed transferring the property to the remaindermen, with the life estate recorded, and close probate.
 

thrtyhz

Junior Member
Yes, I am suppost to sell the house and split the money. 3/5 to me and my two brothers, the rest to my stepmoms side of the family consisting of her son,1/5, and two minor children 1/10 each. The will was homemade with advise from a lawyer but it is poorly written. I dont understand why this couldn't be resolved. Is it because theirs no remaindermen? Or are all six people the remaindermen? He did say if she(stepmom) would sign something giving up her life estate then he could put the house in all the hiers names but everyone would have to agree.
 
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anteater

Senior Member
Is it because theirs no remaindermen? Or are all six people the remaindermen? He did say if she(stepmom) would sign something giving up her life estate then he could put the house in all the hiers names but everyone would have to agree.
Less the part about stepmom giving up the life estate, that is normally what would happen when the intent is to leave the property to someone or a group of people while granting someone use of the property during their lifetime.

I assume that you are the estate's personal representative.(?) I would ask your attorney if it is possible to petition the court to do what the attorney suggested - cutting out the part about stepmom surrendering the life estate (unless she does wish to). I can't see that it is in anybody's interest to leave everything in limbo. And I can't believe that the court would be terribly happy about leaving the case open for who knows how long.
 

thrtyhz

Junior Member
Thanks so much for your help. Yes I am the executer, and what you say makes alot of sence. I doubt she would give up her life estate and I would not feel right about asking her to. So now I'm left wondering why the lawyer would sudgest not finishing it. I am going to get some questions together and set another appointment with him.
 

thrtyhz

Junior Member
Update: Turns out the will has been probated. The only part that cannot be done is the where the heirs sign a paper that says they recieved everything that they were suppost to. The will says that the property must be sold and the money gets split, no property is shared.
 

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