Question:

Question about will and probate.?

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We're having one of those ugly, petty little family disputes over my dad's property, and he hasn't even passed away yet. I spoke with his attorney and he refuses to help us except through mediation (gee thanks).

So my question is this: I know when someone dies you have to sign a paper of some sort so the will can go through probate. What if I just don't. I don't want to. Say I refuse. What happens?

Or if that doesn't do anything, what happens if they just can't find me to tell me I have to sign it?

I'm basically ticked at my sisters, don't care if I don't get a penny from my dad's estate (which is quite sizable) and want to either a) keep them from getting anything or b) tie it up as long as I possibly can.

(Yes, I know it's childish, but it's like they're counting the minutes until the poor man dies.)

Can anyone advise me on this please?

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3 ANSWERS


  1. You don't agree or disagree to have a will probated.  If the state decides it's an estate that requires probate, it goes through probate.  Often someone is appointed to probate the will.  Everything gets paid and distributed.  If you don't want your share or are hiding out, depending on the state laws, your share will be held or distributed elsewhere.

    If you instead decide to contest the will, yes you can hold up the process briefly.  But only briefly.  If you have a valid reason the court will consider it.  If you're doing it because you're ticked at your sisters and being childish the court will simply move on.

    The court wants it done.  It's a legal process not a place to hash or rehash family squabbles.


  2. the main will has to be probated. you dont' have to sign nothing but it can be done if its contested if you r dad put down what he wants to have this and that go to its best to do it. you will be the executor i guess. well its best cause anyone the contests the will sometimes they leave them out and the jduge can do that per request of the will. so there are things you can do. if refuse they can rush it i think i had a will done and it costs like crazy but its to protect also does not your dads will state what is given to whom and what is to be done with stuff? well then it shoudl be that way and if you decide that its not right talk to him have him change wording and get it way it should be and then when hedies they can go and get nothing. it can be done money or nothing depending on what there is. so much to do but probate proetcs and that is what its there for. take care.

  3. grow up you have one family one chance at life dont be difficult just love your family  

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