Is there a time limit that for probating a Will?

As executor can I be forced to probate before I am ready. My brother’s attorney is trying to force me to probate and I am not yet ready to probate. My brother will be going to prison next month for a drug conviction and has not paid his attorney and his attorney is coming after me for what belongs to my brother. All he gets is 1/3 of mothers home. She had no cash. Her home is costing me money every month because my brother would not sign the quit claim deed. Now I have to hire an attorney for myself as executor and that will take away from any monies that I have coming from the home.

Asked on May 25, 2012 under Estate Planning, Missouri

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  There may be a specific statute in your state about time frame to probate.  SOme states do have that.  So it is best that you contact ana ttorney in your area to be sure.  But I am a little confused about what is really going on here.  You and your brother inherited your Mother's home. Why does he have to quit claim the deed?  Do you need to sell the home to pay debts of the estate?  Once you are appointed as the executor then you have the legal right to do what is necessary.  But your brother has a right to his inheritance as well.  I think that seeking legal help is a good idea.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.