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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36960
Experience:  30 years in civil, probate, real estate, elder law
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My Aunt, a Virginia resident, signed her will in 2000. Her

Customer Question

My Aunt, a Virginia resident, signed her will in 2000. Her first husband died in 2004. She remarried in 2006. All her property is in Virginia. She did not revised her will. She had no children. She died first with her 2nd husband passing about 13 days later, thus a surviving spouse. We found a copy of a will which we are trying to get authenticated. Her second husband had 4 grown children and we understand that they are entitled to 50% of my Aunt's estate. They made an offer to us that we don't want to accept for 50% of the estate and $15,000 in exempt personal property along with control of the estate. We would like to make a counter-offer to them to give them 50% of the estate, nothing more and the executor named in the will taking control of the estate. We are under the impression we would still go to court to authenticate the will. Does this approach represent the best method to handle the situation?
Submitted: 3 years ago.
Category: Legal
Expert:  Ray replied 3 years ago.

RayAnswers :

Thanks for your question and good afternoon.

RayAnswers :

I would agree with you here having the executor appointed the entire estate liquidated and then the net here after legal fees and expenses be distributed according to the court.

RayAnswers :

You would make application to probate the will and have one of you appointed personal representative.

RayAnswers :

In this situation the court would pay the surviving spouse's share to their estate.

RayAnswers :

So really there are two estatels involved.You would on be concerned with your mothers.

RayAnswers :

Sorry aunts.

RayAnswers :

The personal representative would pay the surviving spouse's share into the second estate.The second husband's children would need to open an estate for him to receive his share.

RayAnswers :

You are going to need a probate lawyer here to file probate where she deceased.

RayAnswers :

Given the multiple estates and heirs doing it all by probate and court approved liquidation is the way to proceed.Making deals in my experience is not a good idea because until the second probate has been filed you do not know here he legal heirs are and who that personal representative is to make such a deal.

RayAnswers :

I mean it is always possible the husband had unknown children or creditors, etc so a transparent probate is the safest way to distribute all of this without liability.

RayAnswers :

You can locate a local probate lawyer here..

RayAnswers :

There are just too many parties and variables to resolve an estate here.You would just proceed with probating her will and getting one of you appointed personal representative and go from there.

RayAnswers :

I appreciate the chance to assist you today and chat.Please let me know if you have more follow up.Thanks again.

JACUSTOMER-pw04zwp7- :

Not what I was looking for. Guess there are too many variables involved. Sorry for wasting your time.

RayAnswers :

I am so sorry you rated me poor service.What follow up do you have.The chat feature has techinical difficulties.Thanks for you patience.

RayAnswers :

Please let me know if you have more it is not a problem.Again sorry for the chat delay.

JACUSTOMER-pw04zwp7- :

Thanks for your time.

RayAnswers :

You are welcome.Again do you have more follow up.Please ask I want you to be satisfied and give me a positive rating.

RayAnswers :

Do you have more follow up about your situation here.

RayAnswers :

I thanks you for your patience and I am sorry there was a delay in getting your response.

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