Regarding Wills and Probates?

Question

Here is my problem, hopefully someone can answer it.

My husbands mother died last year and now the estate is being distrubted..One problem is.....she owned part of strip mall and when she died that estate was suppose to dish out 800.00 to my husband and his siblings..But his sister is holding out on signing her papers to make this happen..however his brother who is ex. of the will is holding this money ( the money is being sent montly from the renters of this strip mall and its in the estate account ) because she won't sign her papers and send them to him he is holding the money..Is that legal?

Answer 1

I think you need a lawyer to sort this out, not a genealogist.

And your husband should probably be the one to do this.

Each state has different laws, so the advice you get here may not apply to your situation.

Good luck. I hope it all works out for you.

Answer 2

It is legal. What will end up happening if she doesn't sign is you'll have to go in front of the judge and make him decide how to distribute that part of the estate. You need to contact the executor and ask him if he's discussed it with the probate attorney. He has to be keenly aware of the situation and the probate won't close without it being decided. Just don't call the attorney yourself because he's charging an hourly rate for every letter and call he has to respond to. Let the executor handle it and know that it will end up being distributed...just not until she either signs or the judge decides the issue for her.