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A will was filed yesterday, it was going to be contested,but…

Customer Question
A will was filed...

A will was filed yesterday, it was going to be contested,but the people came today and took everything, isnt there a 30 day period to wait

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

West virginia

Lawyer's Assistant: Has anything been filed or reported?

They just filed it yesterday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Want to know what we can do

Submitted: 4 months ago.Category: Legal
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Answered in 16 minutes by:
3/7/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,596
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Can you give me some more information about what is going on?... it is kind of like trying to start reading a book in the middle..

.

Who died?

.

When did they die?

.

Who are you in relation to them?

.

Who came to take any property?.

.

Were they appointed as executor of the will by the probate court?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
brother in law died jan. 24, 2018 im his sister in law, his brother and sisters, his sister appointed herself,but she neglected to tell that he had a next of kin, he has a son. actually they took everything he had before the fella died. my daughter stayed and took care of him for 6 months (he had cancer) they paid her nothing, but no one would stay with him. she was there 24/7 for 6 months,
Lawyer: Barrister, Attorney replied 4 months ago

Ok, once someone is appointed as the rep for the estate, then they immediately have the legal authority to take possession of all assets owned by the deceased. They actually have a legal duty to do so..

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So no, the executor doesn't wait 30 days... they have a legal duty to take possession and protect all assets of the estate immediately upon appointment..

.

.

thanks

Barrister

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Customer reply replied 4 months ago
can the will still be contested by his son
Customer reply replied 4 months ago
they were not appointed, they took it upon them self to do this
Lawyer: Barrister, Attorney replied 4 months ago

Yes, if the sister lied to the court and didn't mention his son, which she had to legally notify him of her petition to be appointed as rep, then he would have grounds to contest her appointment and ask the judge to remove her and appoint him.

.

He has to file a formal objection with the court and ask for a hearing on the matter.

.

But if the sister wasn't legally appointed by the judge, she has no legal authority to do anything and technically has stolen estate assets.

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Customer reply replied 4 months ago
well thank you, ***** ***** been illegal all the way around, i just hope and pray something can be done, this man owned a car lot. they took everything he had, even the buildings, it has been so ugly and so much greed
Lawyer: Barrister, Attorney replied 4 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Lawyer: Barrister, Attorney replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

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Thanks much

Barrister

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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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