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My mother did not probate her will as she and Dad, with ther…

Customer Question
My mother did not...

My mother did not probate her will as she and Dad, with ther lawyers put everything in joint ownership and most of the assets were transferred out to a trust I manage.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

I hit the enter button too fast. They forgot one piece of property willed to my father and his brother and Sister in SC. He lived and died in SC. My Mother lives in SC. I live in GA. They are trying to sell the property in and split the third of the proceeds to my mother who has directed them to send it to me and let me distribute it to my bother sister and myself through the trust. They say they can not sell the property without probating my fathers will and my mother refuses to do so as it has been 5-6 years since his death.I have limited power of attorney of the matter of this property and I manage the trust. The lawyers for the sale ssay they have to all it off and my uncle may have to take measures to force the probate of my fathers will.

Lawyer's Assistant: What documents or supporting evidence do you have?

I have my great Uncle's will listing my Father, my uncle and aunt as equal shares.

Submitted: 8 months ago.Category: Estate Law
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9/15/2017
Estate Lawyer: Infolawyer, Attorney replied 8 months ago
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 61,644
Experience: Licensed attorney helping individuals and businesses.
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what can I answer for you?
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Customer reply replied 8 months ago
Is there anyway around the probate as my Uncle and Aunt really need to sell the property. Of course my brother Sister and I get to Share the thirds as my mother does not want anything to do with it and has told them to deal with me. I have limited power of attorney over her interest in this piece of property. My Dad's name was Daniel L Anderson Sr , the property is in Daniel L Anderson, ***** ***** and Judi Stamps names. My name just happens to be Daniel L Anderson as I was the Jr.
Customer reply replied 8 months ago
The revocable Trust he set up is in the Name of Daniel L and Uta P Anderson. I am the trust manager.
Estate Lawyer: Infolawyer, Attorney replied 8 months ago

Assets under the trust need not be probated, but if passing directly from the will, probate would be needed.

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Estate Lawyer: LegalGems, Attorney replied 8 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,002
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I am sorry to hear you are having to deal with this;

unfortunately in order for property to pass under the terms of the trust, the title would have to be held in the trust's name.

If that is not the case, then unfortunately the property would need to be probated.

That will provide clear title.

I am sorry I do not have an alternative that could be proposed.

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Estate Lawyer: LegalGems, Attorney replied 8 months ago

Hello again; just checking in to see how things worked out;

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