Son in prison, mom died w/ will, her live-in bf is executor, no filing in probate, what can son do to be sure estate is being handled appropriately

[mdesherlia]

What is the name of your state?

 

[mdesherlia]

?

california

 

[justalayman]

If nobody has filed to open probate, there is no executor. There may be a nominee named in the will but until a court accepts the nomination and actually names the person as executor, they aren’t.


The son would want to hire an attorney to ensure his rights are protected.

If he cannot do that, he can ask somebody to watch over the process and inform him of activity. The problem is he may not be able to react to actions by the executor quickly enough and lose out on things.

 

[mdesherlia]

What can I do on his behalf? How can I legally obtain a copy of the will and once in possession can I file it
into probate court on sons behalf? , Or is that even possible without a will being filed in probate court?

 

[mdesherlia]

Basically he must hire an attorney.

 

[mdesherlia]

Hiring an attorney may take some time, is there anything I can do on his behalf to stop this guy (her live-in boyfriend who is/was +25 yrs younger than mom & still residing in her home)?

 

[justalayman]

What can I do on his behalf? How can I legally obtain a copy of the will and once in possession can I file it
into probate court on sons behalf? , Or is that even possible without a will being filed in probate court?

You can obtain a copy of the will,,as well as everything else filed with the courts, once probate is opened and there are filings to review.

It is unlikely you can file to open probate as it generally requires an interested (legal interest) party. I would have to verify that statement to be certain of it though.

Any interested party can file to open probate and demand the will be submitted to the court. It really would be difficult for him to do it from jail though. An attorney could do it on his behalf though.

 

[justalayman]

Hiring an attorney may take some time, is there anything I can do on his behalf to stop this guy (her live-in boyfriend who is/was +25 yrs younger than mom & still residing in her home)?

What do you need to stop him from doing?

 

[mdesherlia]

If he claims he is executor, but if there is nothing filed in probate thus far (I did a search on unicourt website) isn't he violating state filing laws?

 

[mdesherlia]

What do you need to stop him from doing?

Selling her home, liquidating her assets

 

[mdesherlia]

Selling her home, liquidating her assets

for his own personal gain

 

[justalayman]

Selling her home, liquidating her assets

If the home is in her name, unless it was owned as joint tenants with rights of survivorship, he cannot sell the home until probate is opened.

He cannot legally liquidate her assets either

The problem is there is very little you can actually do unless probate is opened.

 

[mdesherlia]

he already refuses to release any of her property claiming it is all packed up(?) Packed up to go where? Her son is an only child. The mother met this gook online playing a game and then moved him into her home.

 

[mdesherlia]

If the home is in her name, unless it was owned as joint tenants with rights of survivorship, he cannot sell the home until probate is opened.

He cannot legally liquidate her assets either

The problem is there is very little you can actually do unless probate is opened.

oh I see. But does it not seem he is violating state filing laws?

 

[justalayman]

he already refuses to release any of her property claiming it is all packed up(?) Packed up to go where? Her son is an only child. The mother met this gook online playing a game and then moved him into her home.

Who is he to release it to? Until her estate is administered, nobody actually has a right to claim it.