probate

[soybean]

my father died 11 years ago in nys leaving a small estate-enough cash to pay his funeral and bills and a mobile home in florida which he left to his girlfriend. i am the executor. shortly after his death i filed the will, paid his bills and turned the papers on the property over to his girlfriend. i thought that was all i had to do. recently she called saying she can't have the property put in her name until probate is completed. I've obtained consent to probate forms from court for my siblings to fill out. how long do they have to complete the forms? should they return them to me or the court? what if they don't respond or refuse to sign? this woman was not well liked and i'm afraid they won't be cooperative. also, she is now claiming she is owed a fee for taking care of dad in his last days. there was never any discussion, oral agreement or written contract concerning any fee. i'm assuming she is just trying to move things along with probate, but does she have a case? thanks

 

[advisor10]

JUNE 11, 2001

DEAR SOYBEAN:

Technically, the probate process has already been completed, and the estate officially closed at the time you distributed the money and property.

The only thing I think you need to be concerned about is, who was named in the will to be the recipient of the mobile home, and was it already paid for in full? If it was paid for, your only responsibility as executor would have been to pay to have the title transferred to show the name of the new owner.

The girlfriend's comment that "she can't have the property put in her name until probate is completed" doesn't make very much sense, and if I were you I wouldn't believe that.

She has no legal claim for a fee for taking care of your dad.

Are there any other estate assets available now, or has all money and property been distributed?

Is the probate process that you are doing now, being done in New York or in Florida?

SINCERELY,

[email protected]

 

[soybean]

thank-you for replying. dads girlfriend was named in the will to receive the mobile home {no land},which was paid in full. all his other property has been distributed and all his cash was used to pay bills. probate is being done in nys. soybean