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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37882
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My father dies recently. My mom has to Probate the Will due

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My father dies recently. My mom has to Probate the Will due to my father buying a house in his name only right not long before he passed. He is part of an on going Asbestos Lawsuit. The judge told my mom if she completes the Probate she will not be entitled to anything form that lawsuit. We are confused to what we should do.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
I am not sure whether the judge was confused of mother misunderstood him, but she would have to file to open a probate case to be appointed Executor (if he had a will) or Administrator (no will) so she could settle the estate. As the representative for the estate she would be in a legal position to pursue any civil lawsuit against the asbestos manufacturer on behalf of the estate.
So she has to open a probate case to be able to pursue the asbestos case...Otherwise, there is no legal representative of the estate..






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Customer: replied 4 years ago.

She was appointed Executor of the Estate..but she understood him to say she could never finialize it because of the Asbestos Lawsuit if she hoped to recieve anything thing from it.

That is kind of accurate. If there is a pending lawsuit where the estate is a plaintiff, then it can remain open indefinitely until the case settles and the estate receives the settlement. But while the estate is open, there is nothing that would prevent mother from distributing all the assets to the heirs once all the debts were paid and then just waiting until the civil suit is finally resolved.
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