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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33716
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My dad passed away and he has a will. s wife has a copy and

Customer Question

My dad passed away and he has a will. His wife has a copy and I believe my sister is named executor. How can we protect his assets. What is next in the process
Submitted: 9 months ago.
Category: Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Who has the original will?

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What do you mean by protecting his assets? From who?

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thanks

Barrister

Customer: replied 9 months ago.
His wife has the original will. What is the next step.
Expert:  Barrister replied 9 months ago.

Whoever is executor of the will would need to take the original will down to the local probate court and file a petition to admit the will for probate and be formally named as executor. Then they have to notify all the family that they have filed the petition and give anyone a chance to object if they wanted to. The clerk then sets a hearing date where the executor appears and , assuming that no one object, appoints them as executor formally.

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Then they have the power to gather all assets, pay any debts and taxes, and then distribute the surplus to the beneficiaries as directed in the will.

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If the wife won't give up the original, then the exec can still file the petition with the copy and then the judge can issue an order for the wife to produce the original for admission to court under threat of contempt of court.

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thanks

Barrister