Probate
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Probate
My mother-in-law passed away in October 2016 and until now the executor of the Will, my brother-in-law has not opened a probate. He has not given us any information about what has been left by my mother-in-law. My husband and their other sister and of course my brother-in-law who is also the executor are the beneficiaries of the Will. What can we do since we are out of state and it looks like my brother-in-law has no plan to open a probate anytime soon? Also, what do we do to know what assets that were left that do not need to go through probate? All we know is that she left an IRA with all the 3 of them as named beneficiaries.
Asked on February 28, 2018 under Estate Planning, Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
I am so sorry for your loss and for the situation as it is. So generally speaking, each state has laws that allow you to file a Petition to Compel Probate. You can try that OR you can possibly file a Petition yourself (your husband or his sister) asking to be appointed as Personal Representative in his place for his failure to act. Either way you should ask that one other of you be appointed with him given his track record. The IRA would have passed outside the Will. Your husband has the right to contact the institution that held it to inquire. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.