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What can you do if the executor and the lawyer of the will won't submit it into probate?
Wiki User
∙ 12y ago
United Kingdom
There must be a reason for will not to be put to probate, so I would consult the lawyer if you have an interest in the estate. It would be wrong for either the lawyer or executor to do anything that my harm the estate as action can be taken against them for any loss. Write to the lawyer handling the estate and ask why there seems to be a delay. Some estates can be wound up quickly some can take years, it depends on how complicated the estate is. In the UK all assets of the estate must be held for six months in case any other person has a claim against the estate for debt or anything else owed by the deceased.
Executors of appointed in the deceased's will must follow the directions of the will and distribute the estate as directed by the will. All estates in the UK should be 'confirmed'. I.E. The value of the deceased's estate requires to be lodged at court for IHT purposes together with a copy of the will. Heritable assets must be kept in case of claims but may be disposed of by a legatee after the six month rule. Executors can have their actions insured, thus they are protected against any claim for mishandling of an estate. The Law of Probate varies from country to country.
AnswerUnited States
It is against the law for anyone in possession of a will to knowingly hold it after notice of the death of the testator. The decedent's heirs and creditors can appeal to the probate court for sanctions against any attorney or other person who prevents the probating of a will. State laws vary. The following is one example of a law that governs the filing of a will by the person in possession:
- A person having custody of a will, other than a register of probate, shall, within thirty days after notice of the death of the testator, deliver such will into the probate court having jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into such court within said time; and if a person neglects without reasonable cause so to deliver a will, after being duly cited for that purpose by such court, he may be committed to jail by warrant of the court until he delivers it as above provided, and shall be liable to a person who is aggrieved for the damage sustained by him by reason of such neglect.
Wiki User
∙ 12y ago
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Where do I start my mother died she left a will your siblings received their money but your step father wont let me have mine or see the will im 52 years old im not a child but i dont know what to do?
If there is a will, there is probably a probate case in the local court. The file will contain a copy of the will (if not the original). If you are named in the will, the person administering the will (called the executor of the estate) has a legal obligation to give you what is promised, if at all possible. The clerk at the probate office will tell you who the executor is, if you ask. If you do not get what you are owed, you need a lawyer. If the will has not been filed, you need a lawyer.
How done one get a copy of power of attorney when executorl wont give you one?
A POA is extinguished when the principal has died. The executor must present the Will to the probate court and request appointment as the executor. They have no authority until they have been appointed by the court.
How father passed away last year mother will not give brother or any information brother believes is the executor of the estate How does find out if is when the law firm wont speak to?
The brother needs a lawyer. Have the brother's lawyer contact the mother's lawyer and find out what is going on.
Want to see my dead fathers will but the executor wont let me what do i do?
Your father's will was filled with the court when the estate was opened (if the estate isn't opened yet - then nobody has been appointed executor). Such documents are public records in most states. The estate was probably filed in the county where your father was living at the time of his death. Except for tiny rural counties, most courts have these documents online and you can access them through the court's website. If they don't have online access, you can go to the courthouse and look at it or hire a lawyer to get it for you. WARNING, as an attorney, I find it very suspicious that the executor will not give a copy of the will to a child of the deceased. After you get a copy of the will (or if you can't get one) I would recommend that you speak with a local lawyer who's experienced in probate. You should also be aware that there are strict deadlines in these matters and "if you snooze, you lose."
What happens in the executor decides the beneferciary wont get anything?
Beneficiery can sue.
Is there a statute of limitations for probate and does a will, filed in a different State matter?
The state of filing wont matter. A Will must be filed for probate within four years after the date they died.
What if ever one wont sign to revive the will mom has left us ther is 7 kids and some are hard to find and some just wont sign its been over three years how long do they have to sign?
You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.
What can you do she wont let you see kids when its your turn?
Talk to a lawyer, or talk it out with her :)
What if your parents wont submit their Social Security number on the FASFA?
Then no federal student aid. Period.
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Lyrics to your first day by haystak?
hahaha it wont let you submit the lyrics it says theres bad words in it
What if your in an accident and your friend wont give you her insurance information?
You need to involve parents or a lawyer, as appropriate.
