Is there a time limit that for probating a Will?

UPDATED: May 25, 2012

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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


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

Answered 10 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.

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