What is the timeframe when wills have to be administrated? 25 Answers as of January 15, 2013

On December 1999, my mother in-law passed away and willed almost an acre to 5 siblings and now 2013 the administrator has not administrate the Will nor has she informed, but three of the siblings about the property. The other siblings passed away, one two and a half years ago and the other with-in a year the one with-in a year has two sons still alive. The other was handicap and one sister took care of her until her death. The property is going to be sold and the proceeds are going to be divided amongst the three living siblings, question, I believe it should be divided amongst the five siblings, because this matter should have be taken care long before this happened. Thank You.

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DOUGLAS A. TULL, P.C.
DOUGLAS A. TULL, P.C. | Douglas A. Tull
Sounds like you have problems and should consult with an attorney.
Answer Applies to: Michigan
Replied: 1/15/2013
Stephens Gourley & Bywater | David A. Stephens
In Nevada wills should be filed within 30 days of the death of the testator. They can still be probated years after that.
Answer Applies to: Nevada
Replied: 1/14/2013
LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
I agree the 2 nephews split a share, 1/8th each.
Answer Applies to: California
Replied: 1/13/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
How is the property going to be sold. If it is still in mother-in-law's name, then it cannot be sold until her Will is submitted to the court for probate. Then, the proceeds of sale will have to be distributed in accordance with the Will.
Answer Applies to: Oregon
Replied: 1/13/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Get yourself probate litigation lawter to file a petition into the probate court/action for heirship to determine as to who is entitled to inherit the property you refer to.
Answer Applies to: California
Replied: 1/11/2013
    Danville Law Group | Scott Jordan
    The Will should have been probated in 1999. Without probate, there is no way the executor of the will is going to be able to sell the property. Scott Jordan, Esq. Danville Law Group 319 Diablo Road, Suite 202 Danville, CA 94526 T: (925) 362-1725 F: (925) 263-1905 sjordan@danvillelawgroup.com Confidentiality Notice: The information contained in this e-mail message and any attachments hereto (this "Message") may be confidential and/or privileged and/or proprietary. If you are not the intended recipient or agent thereof, you are hereby notified that disclosure, copying, or distribution of this Message is strictly prohibited. If you have received this Message in error, please notify the sender by reply e-mail, delete the original Message and destroy any hard copies of the same. It is the responsibility of the recipient to ensure that this Message is defect and virus-free; no responsibilty is accepted by the sender or sender's employer for any loss or damage to recipients' computer system arising in any way from its use. This firm acts as a Debt Relief Agency under the Bankruptcy Reform Act. We help people file for Bankruptcy relief under the Bankruptcy Code. Further, this firm can also act as a Debt Collector under the Fair Debt Collections Practices Act. If this firm is attempting to collect a debt from you, this can be considered a communication from a debt collector and any information obtained from you may be used to collect that debt.
    Answer Applies to: California
    Replied: 1/10/2013
    Frederick & Frederick PLC | James P Frederick
    I agree with you. Inheritances vest as of the date of death of the decedent, unless the Will says otherwise. So when your MIL passed away, whoever was alive at that time should be entitled to a share. Based on your facts, however, you have some additional complications. No one can LEGALLY sell this property, unless and until it goes through probate. That step cannot be avoided. As to your question on deadlines, there is not one. You can open a probate for someone that died 30 years ago, if there are assets that need to be probated. It is very likely that there will need to be probate estates not only for your MIL, but also for each of the children that died following her death.
    Answer Applies to: Michigan
    Replied: 1/13/2013
    James Law Group
    James Law Group | Christine James
    If the two siblings outlived your mother in law, their heirs/children will be entitled to their share. You must go to court.
    Answer Applies to: California
    Replied: 1/13/2013
    Hamblin Law Office | Sally Hamblin
    The will needed to be administered and one could have forced that issue with the court. It was mean spirited not to waiting for heirs to die off. Any heir, like a sibling, who died and had children, that heir's share would be divided amongst his/her children. If one of those children died, leaving an heir, the share would pass to that heir and so on. If the sister that was handicapped died with no children, then her share is put into the equation and divided. It can be complicated, but it is equitable and fair. You may be able to retain an attorney just to sort the issue out. The property will have to go through probate.
    Answer Applies to: Michigan
    Replied: 1/13/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It all depends upon what the Will states. You should meet with an attorney who can review the court file.
    Answer Applies to: Nevada
    Replied: 1/10/2013
    Law Offices of Frances Headley | Frances Headley
    The will should be administered immediately. The executor should be removed for failing to fulfill her fiduciary duty. How the property should not be divided depends upon the language of the will .
    Answer Applies to: California
    Replied: 1/10/2013
    Gates' Law, PLLC | Thomas E. Gates
    That governs the distribution. I believe that all 5 should share in the estate.
    Answer Applies to: Washington
    Replied: 1/10/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Under Nevada law wills are to be filed within 30 days of death and if no will probate needs to be started. You are correct in your analysis that the proceeds need to be divided amongst the five children who were alive at the time of the mother's death.
    Answer Applies to: Nevada
    Replied: 1/10/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It depends on what the will says. Did either of the siblings that died have children? If not, the end result may be to split it 3 ways anyway.
    Answer Applies to: Idaho
    Replied: 1/10/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    In Oklahoma it is likely that the proceeds would be distributed in 5 shares, but that result may change due to the precise language of the Will.
    Answer Applies to: Oklahoma
    Replied: 1/10/2013
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    What does the will provide. IF it says to the 5 siblings if living otherwise to their issue, you are correct. Another factor is what do the wills of the deceased siblings who died after the testator say about their share.
    Answer Applies to: Michigan
    Replied: 1/10/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    If the property was still in your mother-in-law's name at the time of her death, then before it can be sold, a probate action needs to be opened with the court. The will would be deposited with the court and tells the court how the property should be distributed. You are correct - all 5 siblings would be entitled to a share if they were all alive at the time of your M-I-L's death (and assuming the will left everything to all 5 siblings). Thus, the shares belonging to the two siblings that have passed away would go to their descendants (if they have any), and technically, their shares of the proceeds should go through probate, as well.
    Answer Applies to: Florida
    Replied: 1/10/2013
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    Generally 4 years.
    Answer Applies to: Texas
    Replied: 1/10/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, the application to admit a will to probate has to be filed within a year of the death of the decedent. If not, the will is invalid and the estate goes by intestacy. If the value of the acre is less than $40,000, then the acre can be probate through a small estate affidavit. If the value of the acre is more than $40,000, then a petition to determine heirs needs to be done. Your question is unclear as to whether a probate estate was ever opened up. If it was, then have an attorney review the probate file. If the estate is still opened, file a motion to have the personal representative removed for failure to do the personal representative's job. If the property is going to be sold, have it go through a title company.
    Answer Applies to: Missouri
    Replied: 1/10/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    The Will should be filed shortly after the death. Once appointed the administrator must identify all assets and debts. Then, the taxes, secured debts, then all debts must be paid. Once all the debts are paid the remaining property is distributed among the heirs. I would file a request with the probate court to have an accounting and distribution of the property. Barry Your financial plan is not complete until it is co-ordinated with your estate plan.
    Answer Applies to: Georgia
    Replied: 1/10/2013
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    The property will have to go through probate and should be divided between all five siblings who were alive (or their estates at this point). If I can be of any help, please contact me. Ken 734 335-7100.
    Answer Applies to: Michigan
    Replied: 1/13/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    If the land is in the name of the deceased, it will have to be probated.
    Answer Applies to: Michigan
    Replied: 1/13/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    Advise the Probate Court of the will.
    Answer Applies to: Connecticut
    Replied: 1/13/2013
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    First, in the absence of probate administration, ownership would remain in the deceased mother-in-law's estate. If the will required that it be split among the five siblings, that is what the probate court will order.
    Answer Applies to: Michigan
    Replied: 1/10/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    There is no absolute time frame for the administration of an estate, though obviously it is better to do it sooner rather than later. The estate should be distributed as though it were 1999. Thus, if all five siblings were alive in 1999, the administrator should divide the estate in five. Indeed, if the estate goes through probate, the court will insist upon this division. The shares of the deceased siblings must pass pursuant to the terms of the deceased siblings' wills (or by the laws of intestacy if they did not have wills). It may be impossible for the administrator to sell the property without opening a probate. If the administrator refuses to file for probate, then any of the beneficiaries can force the issue by commencing the probate proceeding. The named administrator must then make a choice as to whether to accept the position as administrator, or allow someone else to administer the estate. If the administrator does not follow the rules, the heirs of the deceased siblings may have a claim against the administrator to recover what they should have inherited. I have handled probate matters, and would be happy to discuss this with you in more detail at a mutually convenient time.
    Answer Applies to: California
    Replied: 1/10/2013
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