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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

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The son has no $ to speak of
No because he actually has no obligation to open probate.
huh, thank you very much, I will search for an atty who will take his case pro bono I guess, wasn't sure what to do, but this appears to be his only option since legally I am unable to do anything. Thanks again.
 

justalayman

Senior Member
To the huh which I presume was a reaction to my statement


Nobody has an obligation to open probate. Anybody and everybody can simply walk away from the estate and let it age into dust. Even the son has no obligation to open probate. Of course he cannot legally claim anything from the estate if nobody administers the estate
 

bcr229

Active Member
The son has no $ to speak of

huh, thank you very much, I will search for an atty who will take his case pro bono I guess, wasn't sure what to do, but this appears to be his only option since legally I am unable to do anything. Thanks again.
The attorney can be paid out of estate assets if the son has no assets of his own.

Also is the son 100% certain that a Will exists, or is he taking the bf's word for it?
 

Zigner

Senior Member, Non-Attorney
The attorney can be paid out of estate assets if the son has no assets of his own.
While true, one would have to find an attorney willing to do that, which might not be very easy in a case like this.
 

LdiJ

Senior Member
Who is he to release it to? Until her estate is administered, nobody actually has a right to claim it.
That wouldn't stop him from selling her non titled property. He might have a problem selling her car or house, but he could sell everything else that is not nailed down. It would be illegal for him to do so, but he could do it unless someone stops him.

If the OP is the ex of the mom who died, then the OP might be able to open probate as an interested party on behalf of their son. I know of other exe's who have done so on behalf of their children. I admit that usually the children are minors, but I can think of at least one case where the child was an adult but unable to do so themselves.
 

justalayman

Senior Member
That wouldn't stop him from selling her non titled property. He might have a problem selling her car or house, but he could sell everything else that is not nailed down. It would be illegal for him to do so, but he could do it unless someone stops him.

If the OP is the ex of the mom who died, then the OP might be able to open probate as an interested party on behalf of their son. I know of other exe's who have done so on behalf of their children. I admit that usually the children are minors, but I can think of at least one case where the child was an adult but unable to do so themselves.
It would mean it is illegal to sell her non titled property and if you read my post again, you will notice the distinction I made just the same as you stated here.
 

LdiJ

Senior Member
It's pretty much out of fashion now, though clearly it still exists. Let's just say that the last time it was in "popular" use was during the Korean and Vietnam Wars...
Ok, thank you, I get it now. That is pretty nasty.
 

Ohiogal

Queen Bee
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.
Why are you racist, idiot?
 
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Ohiogal

Queen Bee
The son has no $ to speak of

huh, thank you very much, I will search for an atty who will take his case pro bono I guess, wasn't sure what to do, but this appears to be his only option since legally I am unable to do anything. Thanks again.
No attorney is going to take a probate case pro bono especially not for uneducated racists unless they too are racist.
 

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