Estate Law Questions? Ask an Estate Lawyer.
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There is no question that you are the rightful owner. The situation here is about the formalities of transfer of property. When you mother passed all her assets went into the Estate of Your Mother. Technically the Estate of Your Mother is a joint owner of the property with the Estate of Your father and yourself.. When you probate a will the executor can transfer ownership of the property from the Estate of the deceased to another owner. In this case you need to transfer mother's interest to father. You will need to take case of mother's interest at the same time you take care of father's interest in probate.
A will must be probated within 4 years of death. At this point the will cannot be submitted for probate. Probate must occur as if a will does not exist.
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In going through what papers I have, it appears that Father's interest has been probated. Upon completion of probate, what other documents, other than the Letter of Testamentary, are issued? I have that Letter for Father, but don't seem to have for Mother. If it turns out that there is no such probate for Mother, what can be done at this late date, since you say probate must occur within 4 years of death which was 19 years ago? As I said, the Underwriters who concern themselves with title search, on the associated house, have asked for will probate of Mother. Thanks again.
You will have to reopen probate to get mother's property transferred to father estate, and then transfered to you. You should probably consult a local attorney to help you get mother's estate through the probate process which will now be an intestate process and get the transfers completed to the rightful owner from a title perspective.
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You have been most helpful.
Without crossing any lines of propriety, would you care to estimate an attorney's fee for such help/action?
Costs will depend on the attorney. It can range widely I am guessing it should take less than 10 hours time.
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Again, Sir, your help has been received with value. Thank you.