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HOW CAN i BE SURE ESTATE WILL BE DIVIDED EQUALLY?

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. 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 attorney for advice regarding your individual situation. If your question concerns an Estate Planning matter governed by the laws of the State of Nevada, please contact my law firm for personalized service. www.probatebusters.com


  2. 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 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 , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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