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Can I petition the court to open the estate and be

Can I petition the court to open the estate and be designated as personal representative, claim the life insurance and disperse the funds according to the second will? Can I then let the trustee disperse the funds per the trust when that money gets deposited?

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Irwin Law

Juris Doctor JD

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My brother, Decedent, passed away Intestate in California,

My brother, Decedent, passed away Intestate in California, August 27, 2011. Four unexpected family emergencies in intervening years from 2011 on—result in untimely close of his probate, still in process. Per our estate attorney, Court requires Petition filed on August 8, 2016.On advice of estate attorney: two Co-Administrators were appointed for Decedent's Estate.Co-Administrator 1:Decedent's Surviving Spouse (she suffered major stroke Aug. 2012) --is foreign born—limited English speaking & writing ability.Co-Administrator 2:Decedent Sister (Myself) – due to above's health; (consent given). I performed ALL duties as Co-Administrator. (Paralegal in estate attorney office says 98% of work completed.)Estate attorney never informed me at onset if I could be appointed (sole) Administrator for my brother. This was my wish, for expediency and due to difficulty in dealing with his surviving spouse. She has done ZERO and has made this work twice as difficult and lengthy for me. Yet estate attorney felt free to designate me as Personal Representative for my brother's Estate without notifying me prior. That was not my choice as I felt it was more appropriate given to surviving spouse. I, alone, have dealt with his Estate taxes from 2011-2015.Due to recent family dispute, I am no longer in communication with Co-Administrator 1. This presents a HUGE problem as two signatures (both Co-Administrators) are required on the Petition to close out Decedent Estate.1. Was it possible for me to be appointed as sole Administrator for my brother's estate—given the above circumstances. I could not locate any legal references for answer. Two Co-administrators has resulted in undue delay and difficulty in closing out his Estate. Could this nightmare situation have been avoided.2. What happens if one Co-Administrator signs a Petition when there are two Co-Administrators for Decedent Estate (and the other Co-Administrator does not sign)? Can Co-administrator 1 be removed due to: ***** ***** performance, inability to do the work and Co-Administrator 2 then be appointed as Administrator of Decedent Estate to complete closure.3. What options exist to salvage this situation? Does this process start all over from the beginning with a court appointed administrator using what is completed to close out the estate. As 98% of the work is completed by me, (Co-Administrator 2), can I be appointed as sole Administrator for expediency due to untimely delay in close-out and all work completed is in order? Please advise. Thank you.

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LegalGems

Juris Doctorate

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State of Montana. Person #1 is elderly and has been

State of Montana. Person #1 is elderly and has been diagnosed with dementia. He has a will leaving 100% of his estate to one of his 6 children. That child (an adult with 2 children) has since died - and has no will. Since Person #1 can not execute a new will due to reduced mental state, what is the proper handling of Person #1's estate when he dies?JA: Have you talked to a lawyer yet?Customer: No, I am not an interested party, just asking for someone else.JA: Anything else you think the lawyer should know?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

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LegalGems

Juris Doctorate

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My stepmother out lived my father the State of Michigan said

My stepmother out lived my father the State of Michigan said that my stepmothers biological hiers should contact them but my stepmother had no hiersJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: My stepmother left me with copy of the insurance papersJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

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Infolawyer

Attorney

Juris Doctor.

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36,902 satisfied customers
I am the only child of a woman who died 10 years ago in

I am the only child of a woman who died 10 years ago in Alaska. I have recently become aware that she had left some matured CDs in a credit union account that is unclaimed. I have established that I am entitled to this money, but she didn't have a will and I having a difficult time finding out exactly what I can do to get this money. I do not live in the state where she resided at the time of her death. What can I do?Robert,Albany, NY

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LegalGems

Juris Doctorate

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My mother just passed away and she specifically indicated my

My mother just passed away and she specifically indicated my sister and I be disinherited. We are children from her first marriage and my stepfather hated us. I believe that at 83 years old she was unduly influenced to leave everything she owned to her son and two grandchildren from her son who is the son of my stepfather and mother by my half brother and his lawyer son. We were not even allowed to call without getting cursed out by my stepfather and we couldn't even visit. My mother worked and put money in the house, not my stepfather alone. She did whatever my stepfather told her to do as well as my brother. My stepfather is now deceased. After he died I was able to have a mother daughter relationship with my mother and I just don't believe she would totally disinherit us without undo influence. My mother knew she had a well but didn't know what was in it. She told me she was told to initial and sign and she did as was told.

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LegalGems

Juris Doctorate

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I have a house that was sold to a friend due to financial

I have a house that was sold to a friend due to financial reasons. He was suppose to keep the house for a certain time frame and then sell it back to me. He ended up passing away before we could do anything. My question is who do I talk to do a quit claim deed because the house is in foreclosure now with a sale date. He had a will but the house was not part of it and the person I have been talking to says he is over the trust but he is not the executor of the estate.

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Samuel II

Attorney

Doctoral Degree

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My Grandfather passed away. My Mother was the only heir. But

My Grandfather passed away. My Mother was the only heir. But halfway thru the process of settling the estate she passed away. I am her son and not sure what to do now. We giving the executor ability to a near non heir family member. We live in Indiana but the estate is in North Carolina. Not sure what to do.

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LegalGems

Juris Doctorate

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My mother in law has a living trust leaving a portion of her

My mother in law has a living trust leaving a portion of her property to her son upon her death. Her son is my husband. There are 3 dwellings on the property. He will inherit the dwelling that has been our home for 20 plus years. His sisters will inherit the other two. His mother is elderly, however my husband is not well either. If he dies before his mother, do I or our children have any rights to his portion of his inheritance? Is there anything we can do to ensure this will happen. His mother has Alzheimers and is not able to change her trust at this time,

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LegalGems

Juris Doctorate

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