HOW CAN i BE SURE ESTATE WILL BE DIVIDED EQUALLY?

Asked over 3 years ago - Louisville, KY

Is there any forms I can submit to the probate court so I can be sure the estate will be divided equally?
How will I be informed on the process of the settling of the estate?

Attorney answers (2)

  1. Bradley B Anderson

    Contributor Level 9

    Answered . From your question, it appears that a probate has begun. If that is the case, the laws of your state will guide the court in determining that the assets of the estate will be properly distributed. You have not provided any facts such as your relationship of the person who has died, so I cannot address whether you are entitled to an equal share of the estate.

    If the deceased person left a will, the terms of the will usually trump the laws of intestate succession. If there was no will or trust, the laws of intestate succession will determine the distribution of the assets that are subject to probate. The personal representative or executor has the obligation to give notice to all interested parties, so if you are entitled to a portion of the estate and your address is known to the PR, you will receive notice of the proceedings. If you want to be sure you receive notice, most courts have rules that allow you to file your contact information so that the court is assured that you receive notice each time a hearing is held.

    Keep in mind that assets held in joint tenancy and those that have beneficiaries named such as accounts with TOD or POD beneficiaries, are not subject to probate and pass outside the will.

    Of course, you can hire an attorney to represent your interest in the entire proceeding, as well. Thus, you are assured that you will be dealt with entirely safely and properly.

    The comment provided above is intended as general information and IS NOT LEGAL ADVICE. You should consult an... more
  2. Steven J. Fromm

    Contributor Level 20

    Answered . There is only one way; hire a competent estates attorney to monitor the estate and the conduct of the executor or administrator. This will also put the estate on notice that you are going to be watching every move that is made. Short of this step, you cannot be sure of anything as this is a detailed and technical area of the law. For more insight into the steps of estate administration please read my article entitled Estate Administration: Do Not Try This On Your Own at the following link: http://www.sjfpc.com/page1.html

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net . For further tax advice check out his website at www.sjfpc.com . and his blog at <>

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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