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Does that mean the co-administrators could wait indefinately

 
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Customer Question

Does that mean the co-administrators could wait indefinately to have the estate probated or never have it probated if they don't want to sell the property?


 


I was getting answers from a lawyer named Ray and then a page came up as if I was asking a question for the first time. Is Ray no longer available to answer my estate questions for Maine?

 

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State/Country relating to question: Maine

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I have been speaking to a lawyer in Maine all along and don't understand why this page is coming up as if I were asking for the first time (?)

Submitted: 274 days ago.
Category: Estate Law
Value: $25
Status: CLOSED

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Expert:  RayAnswers replied 274 days ago.

Thanks for the follow up.The co administrators have a duty here to proceed to probate and to seek to go through the process.If they do not proceed to do so as an Heir you might have grounds to seek to have them removed and replaced.If the heirs are to be given title or the property sold either way ancillary probate would be necessary as part of the estate process.

Certainly the ancillary probate should be filed and proceed to resolution as part of the overall probate process.An an heir this is a reasonable expectation.So it should proceed as well as filing any necessary tax returns and payments in Maine.You should make inquiry here of the original estate lawyer to make sure that both the original estate and ancillary one are proceeding.

If the ancillary probate requires the sale of property once it is completed the funds are usually returned to the original probate court to be held until distribution assuming the ancillary judge agrees and does this by order.

I am going offline here for a bit for a dinner break but if you have follow up I will get back with you in a bit.Thanks for your patience.

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


Information provided here is not legal advice. Rather it is simply general information. This communication does not establish an attorney-client relationship.


RayAnswers41095.8905828357

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.2 %
Accepts: 925
Answered: 7/5/2012

Experience: Texas lawyer for 29 years in Estate law

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