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Jack R.
Jack R., Attorney
Category: Estate Law
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Experience:  Part of the 'Save the Dream
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Father, Mother & I jointly owned a house. Both parents passed

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Father, Mother & I jointly owned a house. Both parents passed in 1994. Mother predeceased Father by nine months. Mother's will left all to Father. I was sole heir to house in both wills. Father's will was probated with Letter of Testamentary issued naming me as Independent Executor of his estate. Am currently involved in executing a reverse mortgage on the house. The title search company and underwriters say that the single probate of the Father's will is not enough, that a probate of the Mother's will is necessary. Seems unnecessary to me since Mother's will left all to Father.

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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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Customer: replied 3 years ago.

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.




Customer: replied 3 years ago.

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.

Customer: replied 3 years ago.

Again, Sir, your help has been received with value. Thank you.

While I appreciate your comments. You must press the rating button 3 stars or greater for me to get credit. Thanks again.
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