Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I am told my fathers will and testament is in probate what

Customer Question
does that mean? I am...
I am told my fathers will and testament is in probate what does that mean? I am the oldest in my family and I have yet to see his LWAT. He died August 2014.
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 6 minutes by:
11/4/2015
Estate Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,021
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

Good morning. My name is ***** ***** I look forward to helping you.

Probate means that the will has been filed with the probate court in the county in which your father resided at the time of this death so that it can be validated as his true LWAT and the executor named therein officially appointed as executor. At that time, the court issues Letters Testamentary to the executor so that he/she has the authority to act on behalf of the estate to assemble your dad's probate assets, pay the creditors, and then distribute the remaining probate assets specifically according to the will. Once filed with the probate court, the LWAT becomes public record and you can call the court clerk and ask the clerk for instructions as to how to access a copy. But, you absolutely have rights here. The estate and its assets are not the executor's personal piggy bank simply because he/she is the executor. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have him/her removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. In your situation, I would put the executor on written notice by certified letter of the foregoing and let the executor know if he/she does not satisfy their fiduciary duty to you as a beneficiary in the administration of the estate, including keeping you informed of the progress, you will be filing the petition with the court to have him/her removed and be asking the court to order an audit of the estate.

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 OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,021
56,021 Satisfied Customers
Experience: 29 years of experience practicing law, including tax and estate planning.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
You previously answered several questions regarding probate
Richard, you previously answered several questions regarding probate for my FIL's estate. I now have a copy of his current will. I also have a copy of an amendment to my FIL's trust. I do not have a c… read more
Richard
Richard
Attorney
56,021 satisfied customers
We are in probate in Idaho over my late husbands estate.
We are in probate in Idaho over my late husbands estate. According to his will have goes to me and half to his children. His son is the PR.My question is this:What debts should be paid by the estate? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I am selling a home. The probate for my moms estate closed
I am selling a home. The probate for my moms estate closed over two years ago … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Do all assets of a estate freeze once probate has begun?
Do all assets of a estate freeze once probate has begun?What happens when a creditor and debtor can not settle a debt in probate? Does a judge ultimately decide?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
I need an Oregon Estate/Probate to clarify if there is any
I need an Oregon Estate/Probate to clarify if there is any difference when it comes to compelling the Trustee to pay beneficiaries according to the instructions in the trust. I have already had the ve… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Dealing with initiating a probate case for my fathers estate
dealing with initiating a probate case for my fathers estate valued at less than 70,000 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I need advice regarding probate / estate law in NYs, I said
Hi..... I need advice regarding probate / estate law in NYs … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
Second opinion] Family estate; not probated: Parents- Father
Second opinion] Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they ha… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Family estate; not probated: Parents- Father & Mother is
Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they have no offsprings… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
I have a question concerning wills and estate probate. I am
Good afternoon - I have a question concerning wills and estate probate. I am the oldest son with sister and brother. We all live in Florida but different cities and are not close (don't communicate). … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
Can the administrator of an estate in probate borrow against
Can the administrator of an estate in probate borrow against the equity of the house (part of the estate) to pay off creditors?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x