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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53975
Experience:  29 years of experience practicing law, including tax and estate planning.
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My friend died in Sept there was 2 girls one died the will

Customer Question

My friend died in Sept there was 2 girls one died the will stated the deceased part went to her son. The other girl has the will but will not probate it. The son of the deceased daughter doesent have the sociaal security no. Where should he start?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: What documents or supporting evidence do you have?
Customer: We will have to get a death certificate
JA: Anything else you want the lawyer to know before I connect you?
Customer: the will was done with Hyatt Legal Services
Submitted: 15 days ago.
Category: Estate Law
Expert:  Richard replied 15 days ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 15 days ago.

If the other girl is in possession of the will, she needs to file the will with the probate court, usually within 30 days of the date of death. The will should name an executor who will then need to be officially appointed by the probate court as executor which will then give that person official authorization to administer the estate. Until that time, no one has any authority to do anything with your mother's assets. Your friend's estate and her assets are not the other girl's personal piggy bank. If she doesn't produce the will and cause it to be filed within 30 days of the date of your friend's death, the son of the deceased child can file his own petition with the court asking the court to order it produced and filed. The court will then order the other girl to produce it and if she does not, she will be held in contempt of court and be subject to civil and/or criminal sanctions. Once administration begins, the executor has a fiduciary duty to each beneficiary and each beneficiary is entitled to a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. A typical estate, presuming no unusual complexity can be completed with 6-9 months of the date of death. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate, you can file to have the executor removed for breach of fiduciary duty. If there is any misappropriation of estate assets, you can also ask the court to award actual and punitive damages against the executor.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 15 days ago.

Hi Carol. Just following up to insure you received my response. Just in case, I have reposted it below.

If the other girl is in possession of the will, she needs to file the will with the probate court, usually within 30 days of the date of death. The will should name an executor who will then need to be officially appointed by the probate court as executor which will then give that person official authorization to administer the estate. Until that time, no one has any authority to do anything with your mother's assets. Your friend's estate and her assets are not the other girl's personal piggy bank. If she doesn't produce the will and cause it to be filed within 30 days of the date of your friend's death, the son of the deceased child can file his own petition with the court asking the court to order it produced and filed. The court will then order the other girl to produce it and if she does not, she will be held in contempt of court and be subject to civil and/or criminal sanctions. Once administration begins, the executor has a fiduciary duty to each beneficiary and each beneficiary is entitled to a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. A typical estate, presuming no unusual complexity can be completed with 6-9 months of the date of death. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate, you can file to have the executor removed for breach of fiduciary duty. If there is any misappropriation of estate assets, you can also ask the court to award actual and punitive damages against the executor. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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