Estate Law Questions? Ask an Estate Lawyer.
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Has the work on the small estate affidavit been completed yet?
Is there anything that will be different under the will than the small estate?
She will have to file an Application for Probate and to Void Small Estate Proceeding. She will likely want to use a lawyer if she didn't use one the first time because this is going to create issues with the title to any property that is involved and the eventual order that will be issued will have to resolve all of those problems.
In addition, if the child from the previous marriage is under 18 then the court will likely require, under these circumstances, that an attorney ad litem be appointed to represent the child. The ad litem will then be watching over her shoulder all the time and this can run the fees up quickly. The ad litem may also ask that the court order her to pay all of their fees rather than them being paid by the estate.
However, when it is all over with then the orders should take care of any problems created by the small estate proceeding.
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How old is the daughter?