Estate Law Questions? Ask an Estate Lawyer.
Thank you for choosing Just Answer.
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.
Please press ACCEPT so I can get credit form my answer. if you have further questions please ask.
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.
. Please press ACCEPT so I can get credit form my answer. if you have further questions please ask.
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.
Please remember to press ACCEPT at the appropriate level of service "3" or greater so I may get credit for my answer.
Again, Sir, your help has been received with value. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).