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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10055
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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3 of us were named in a will - death was Dec., 2015. Niece's

Customer Question

3 of us were named in a will - death was Dec., 2015. Niece's boyfriend is doing everything but 2 of us have gotten nothing official describing distribution, just a letter he sent. Is this normal?
Submitted: 11 months ago.
Category: Estate Law
Expert:  LegalGems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 11 months ago.

Can I get an approximate value of the estate as that can have an effect on how it is probated.

Customer: replied 11 months ago.
$84,510 assets, house $130,000 est.
Expert:  LegalGems replied 11 months ago.

Thank you; the simplified procedure is only applicable for estates worth less than $50,000; so a full probate would be required.

For a standard probate the executor/personal representative (PR) {the person in charge of the estate} needs to apply to the court so that "letters testamentary" are issued; these are the official documents that allow the PR to act on behalf of the estate.

The PR must provide notice to all interested parties (heirs, creditors) that the probate process has begun, and then must provide the heirs with an accounting annually, and upon closure of the probate (most probates take less than a year).

The PR is a fiduciary- so they must act with utmost good faith in regards ***** ***** heirs.

Probate is a public process so one can check - in the county where decedent last resided- whether probate has in fact been initiated.

The PR is personally liable for any economic harm suffered as a result of their wrongdoing.

Legislation here:

Expert:  LegalGems replied 11 months ago.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 11 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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