How can I help getting my father to probate my aunt’s Will as I feel that he didn’t distribute everything according to her wishes?

I need help on what I should do. I have call the probate court and they have no file on record and it has now been 3 years.

Asked on September 12, 2011 under Estate Planning, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have occurred.  So let me understand: your Aunt's possessions have already been distributed?  But your Father did not probate the Will?  ANd he has the Will, correct?  Every state has a way to force the party that is named as the personal representative in the Will - the executor - to probate the Will.  It is probably called something like a motion to compel probate.  Once you bring te motion in probate court you are going to have to challenge your Father's distribution or his appointment as executor based on his improper distribution as you claim.  Good luck to you.


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