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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102146
Experience:  Fully licensed attorney in Texas in private practice.
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My uncle died recently, I can't find a will just the questionnaire

Customer Question

My uncle died recently, I can't find a will just the questionnaire submitted for a will. He is my father's brother and we are the next of kin. His sister died last year and he was named in her will but never probated her will. Can we probate her will separate from his or do we have to probate them together. He also did not probate his wife's will when she passed. The property is not worth the amount of money the lawyer wants to probate all three. Do we have other options available
JA: OK. The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: ye
JA: Is there anything else important you think the Estate Lawyer should know?
Customer: yes
JA: What else should I tell the Estate Lawyer?
Customer: the attorney wanted too much money for a small estate
JA: 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.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about your family's loss. Can we probate her will separate from his or do we have to probate them together. There is no mandate to probate them together. In fact, they cannot be probated together. Each deceased's estate is probated separately. They can be done at the same time if this is what you mean - yes - but it would not be the "same" case. He also did not probate his wife's will when she passed. The property is not worth the amount of money the lawyer wants to probate all three. Do we have other options available This depends. When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts (those that do not have a pay on death clause) - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name. So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the names of the beneficiaries. If there was a Will, the beneficiaries are decided per the Will. If there was no will, the beneficiaries are decided by default succession law of the state. If you tell me what state this is in, I can tell you how his estate would be distributed since no will could be found (a questionnaire does not count). I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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