It's interesting that the estate is apparently represented by an attorney, but you choose to ask a question here on Avvo rather than ask the...

Letters testamentary (not "letters of testimony") is the certificate that shows the executor's authority to act on behalf of the estate. The will...

Some states recognize common-law spouses, but none recognizes common-law children. The problem here, however, is not a failure of law, but,...

If your brother did not have a will, and if both his patents are deceased, then you (and any other siblings or children of any predeceased...

A single petition for administration can be signed by two petitioners. Separate and apart from who acts as petitioner(s) is the issue as to who...

The decedent's children do have a right to see the will, but that right accrues at the time of probate. While there is nothing prohibiting anyone...

Having a will does not lock in a person's preferences or prevent the subsequent transfer of an asset that is bequeathed in a will. Any will must...

My parents died and have a will saying sale of house gets distributed among surviving children- does it have to go to probate?

The only way to properly distribute all of the assets of the estate is to probate the will. I'm assuming that all assets were jointly owned by...

An executor is allowed a statutory commission. But the executor may waive all or any portion of the commission. To the extent that the commission...

It sounds like a guardianship proceeding may provide an answer. In such a proceeding, someone (usually a family member) is appointed to act on...