Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

IMy dad had 3 kids & passed away 3 yrs ago. s had 3 kids…

Customer Question
IMy dad had 3 kids...
IMy dad had 3 kids & passed away 3 yrs ago. His had 3 kids wife passed a month ago. Together they had a kid for a total of 7 benificiaries. When they first made out their will,, they had the 2 oldest from each family as executors but later changed it to 1 kid as executor (which happens to be her daughter) saying it would be easier for some reason (which raises suspicion to me) His wifes son has been living in 1 of the houses for at least 10 yrs. Dad & his wife lived in the other and my half brother lived in the inlaw cottage for 10 yrs..
My question is how do we the ones not listed as executors get a copy of the will or find out what it states. Also is this something I should be doing to protect my sister, brother and me? 1 more thing if it is to be equaly divided between all 7 kids can we make them sell the 2 properties if they dont want to purchase it themselves.
Thanks for any insight .
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 hours by:
1/29/2016
Estate Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 125,291
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The will needs to be filed in the probate court, which means you can get a copy in the probate clerk's court file. If they have not filed this will for probate yet, then any one of the beneficiaries can file a petition for probate in the probate court and force the executors to produce the will in court for everyone to review.
It is up to the executor regarding sale of the property. However, if the majority of the heirs want to sell the property they could motion the court to order a sale or to order the heirs who do not want to sell to pay off the share of those who want to sell. This would be a judgment for the probate court.
If you are not trusting the executor, then to protect yourself you should get your own probate attorney to represent your interests and force the executor to act and follow the will.
Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 125,291
125,291 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. 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
How do I check if a will has been probated and possibly get a copy if I am listed as an h
How do I check if a will has been probated and possibly get a copy if I am listed as an heir but cannot get any response the attorney for the executrix?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
How can I get a copy of my grandmothers will and/or trust paperwork,
How can I get a copy of my grandmothers will and/or trust paperwork, she passed away this year and no-one told me until 2 days ago, without my Dad finding out that I am looking into this information. … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Am I siging away my share of my aunts estate
I received by fax an ACKNOWLEDGEMENT OF SERVICE AND ASSENT TO PROBATE INSTANTER from an aunt who is the administrator (?) of her sister''s will with just the instructions that I was to sign, have it n… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
Need to get a legal heir certificate to send to India lice
Need to get a legal heir certificate to send to India lice in Boston what is the procedure … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,291 satisfied customers
What are duties of probate adm, during probate? To notify
What are duties of probate adm, during probate? To notify all heirs of actions? I wish to know how actions are being handled., included.… read more
Jessica B
Jessica B
Juris Doctor
1,283 satisfied customers
Loren: Can a person change the list of heirs in their trust
loren: Can a person change the list of heirs in their trust by making the changes and have it witnessed or some other way without using the lawyer who wrote the estate plan? Would get it done by lawye… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Brother died, no will, 2 siblings sole heirs, now what. S c.
brother died, no will, 2 siblings sole heirs, now what … read more
Jessica B
Jessica B
Juris Doctor
1,283 satisfied customers
This is a south Carolina heirs' property question. I
This is a south Carolina heirs' property question. … read more
Jessica B
Jessica B
Juris Doctor
1,283 satisfied customers
Out of the 3 remaining living heirs of the original trust
Out of the 3 remaining living heirs of the original trust (1995).....and they pass away in this order: Daughter:2005;Mother:2/17...Brother:10/17.....and the property I reside is listed under the daugh… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Not really yet, I am an heir to a probate and would like to
Not really yet, I am an heir to a probate and would like to share an attorney with one of my cousin and my brothers and sisters. is that a conflict of interest? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
When is the executor allowed to issue the funds to the heirs
When is the executor allowed to issue the funds to the heirs that are in an account from the decease.… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
If a second mortgage is taken out by an heir of the
If a second mortgage is taken out by an heir of the property, without the concent of the other heirs, are the other heirs responsable for the mortag when the first heir dies? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 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
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
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
Jessica B
Jessica B
Juris Doctor
1,283 satisfied customers
Can I get a copy of my Aunts Will even though I was not named
Can I get a copy of my Aunts Will even though I was not named in the Will… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,825 satisfied customers
Are mineral interests considered personal property in Probate
Are mineral interests considered personal property in Probate matters… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
is there a time limit for the heirs to file for probate (in
is there a time limit for the heirs to file for probate (in louisiana Succession?) after the death of their father?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 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