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JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Katherine-attached is a document entitled Renunciation and/or Nomination of Personal Representative. Under the provisions of Mary's will, your Mother is named as first choice to serve as Personal Representative and you are listed as the alternate. Your Mother is also the sole beneficiary of Mary's estate. I have provided a similar form to your Mother, however she also has the right to nominate a Personal Representative because she is the primary beneficiary/devisee under the Will. As I understand, Mary's sole asset is an undivided 1/3rd interest in the real property that she co-owns with Dorothy Frietas. Originally, Mary, Dorothy and Al all owned the property as joint tenants, with right of survivorship. Their original agreement was that the last survivor would be the sole owner of the property. Somewhere along the line, difference arose between the parties and in September of 1998, Mary caused a deed to be executed and recorded for the sole purpose of severing the joint tenancy. The result of that deed is that Dorothy and Al remained in title as to their 2/3rds as joint tenants but the overall title was held with Mary owning an undivided 1/3rd as a tenant in common with Dorothy and Al as tenants in common as to their 2/3rds, which remained in joint tenancy. Upon Al's subsequent death in 2000, his interest passed to Dorothy as the surviving joint tenant. In February of 2003, Dorothy and Mary refinanced the property and they continued to live together-and as Mary's health declined, Dorothy provided for her care until she was no longer able to provide fully for all of her care, at which time Medicaid provided some in home care services. HMS has a claim for reimbursement for some of these services that will need to be paid by the estate (the claim is $1,560.00).Mary's original will cannot be located, however, our investigation indicates that the copy that we have, which was prepared by Mary in October of 2003 which provided for your Mother (I will scan and e-mail to you a copy by a separate e-mail) was in fact her last will-and the original was likely lost or inadvertently disposed off.With the Renunciation forms being provided by both yourself and your Mother, I believe the court will allow us to proceed to apply for appointment of Dorothy as the Personal Representative of Mary's estate and will allow us to admit a copy of the will to probate as Mary's last will and testament. Dorothy's daughter will be helping her with some of this process, which has already been a challenge with the lost will and the lack of knowledge regarding Mary's family and her lawful heirs.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: the state is Co
JA: Have you talked to a lawyer yet?
Customer: I live in Wa but the property and the deceased lived in Denver
JA: Anything else you think the lawyer should know?
Customer: yes here in Wa but they are not sure they advised me not to sign
Submitted: 1 year ago.Category: Estate Law
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Answered in 2 hours by:
7/17/2016
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19,847
Experience: B.A.; M.B.A.; J.D.
Verified

I have carefully reviewed your post. However, I did not see a specific question. What is your question?

Thank you for your cooperation.

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Customer reply replied 1 year ago
Katherine-attached is a document entitled Renunciation they want me to sign it.
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

Thank you for the information. However, there is no document attached. Kindly note that attachments are reviewed under our premium service for additional cost.

You still did not ask a question.

I can only answer questions asked.

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